V] 


^1 


7. 


■i'3 


* 


0 


7 


/A 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0     [til-  IIIM 


I.I 


1^  IM 

!r    ■''0 


M 

2.0 


1.25  ill 


1.8 


U_  11 1.6 


6" 


1^ 


/. 


{/ 


4is 


:s 


m.. 


u.. 


/, 

^ 


-^- 


Sciences 
Corporation 


23  A/EST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


w. 


&? 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibiiographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 


□    Covers  restored  and/or  laminated/ 
Couverture  restaurAe  et/ou  peliiculde 

□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

□    Coloured  maps/ 
Cartes  gdographiques  en  couleur 

□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Relid  avac  d'autres  documents 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  m<!rgin/ 

La  re  liure  serr^e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout6es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  dtait  possible,  ces  pages  n'ont 
pas  M  filmdes. 


L'institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Las  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiquds  ci-dessous. 


D 
D 

n 
n 


y 


0 
n 

n 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommagdes 

Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolordes,  tachetdes  ou  piqu^es 

Pages  detached/ 
Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Qualitd  indgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6x6  film^es  d  nouveau  de  facon  dk 
obtenir  la  meilleure  image  possible. 


n 


Additional  comments:/ 
Commentaires  suppidmentaires; 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqu6  ci-dessous. 

IPX  14X 18X 22X 

J 


26X 


30X 


12X 


16X 


20X 


24X 


28X 


asx 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  filmi  f ut  reproduit  grflce  d  la 
gAn6roslt6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  iteeping  vrith  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  framr/  on  each  microfiche 
shall  contain  the  symbol  --^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END' ), 
whichever  applies. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  netteti  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  filmis  en  commenpant 
par  le  premier  plat  et  en  term!nant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmes  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaTtra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — »>  signifie  "A  SUIVRE  ",  le 
symbols  T^  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmis  d  des  taux  de  reduction  diff6rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  11  est  film6  i  partir 
de  I'angle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  has,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

.  t 


.* 


,» 


T  H  E 


RIG    H    T    S 


O  F    T  H  E 


Brtti/h  Colonies 

Afferted  and  proved. 


By     J  A  M  E  S     O  T  I  S,    Efqy^ 


The   THIRD    EDITION,  correaed. 


»     ii'Mt 


*  '■■  '>^;i^ 


Hac  omnis  regio&  celjiplag':  pineamontis 
Gedat  a*nicitia  Teucrorum :  i^  foederis  aquas       .    ^    /^ 
Dkamm  leges ^  fomfque  in  regna  votemus  -^  « 

Confidant f  JtUintusamor^lsf  nKsniacondant, 

ViRG.      ^ 


BOSTON,  NEW-ENGLAND,  Primed:.^ 

London  Reprinted,  for  J.  Wiiliams,  next  tlw  Mit^ 
Tavirn,Fltet-Jireet',  andj.  Almon,  in  Piuediliyf.rjtb, 


# 


[Price  fwoVhllHngs.i 


..;  ^.)*;*t,4  '1  k 


% 


# 


■i» 


"  Ihls  Day  is  publijhed,  Price  y.  Jewed, 

The  Hiftory  of  Prime  Miniftersand  Favourites 
in  England  j  from  the  Conquefl;  down  to 
the  prefent  Time  :  with  Refle6lions  on 
the  fatal  Confequences  of  their  Mifcondudl ; 
and  Political  Dedudiorw  on  the  Perpetuity 
of  Freedom  in  the  Englilh  Conftitution  : 
Afcertained  and  vindicated  from  the  Def- 
potifm  affecSled  by  any  of  our  Sovereigns. 


..V 


.t 


Printed  for  J,  Williams,  next   the   Mitre  Ta- 
'-   vern,  in  Fleet' Street,    and   y.  Almon,  in 
.  Piccadilly, 

Of  whom  may  he  Lad,  jiift  publijhed', 

1.  The  Double  Miftake  J  a  new  Comedy  ;  as 
it  is  now  performing  at  the  Theatre-Royal, 

.  in  Covent-Garden.     Price  is.  6d.     ^  ♦' 

2.  An  Account  of  a  late  Conference,  on  the 
Occurences  in  America.     Price  is. 

3.  The  Necefiity  of  repealing  the  American 
Stamp-Ad:,  demonftrated.     Price  is. 

4.  The  Grievances  of  the  American  Colonies, 
examined.  Written  by  the  Governor  of 
Rhode  Ifland,    and  printed  by  Authority  of 

.   the  AfTembly  there.     Pnce  is.     . 

5.  Dummer's  Defence  of  the  Provincial  Char- 
ters.    Price  IS.  6d. 

6.  Confiderations  on  behalf  of  the  Colonies. 
Written  at  Bofton.     Price  is.      ' 

*^*  All  New  Publications  may  conftantly  be 

*     had  at  the  above  Shops ;  likewifc  the  beft 

.  of  Stationa''y  Wares.  ^ 


.» 


0    * 


f    .\  .  \ 


irican 


tly  be 
bea 


INTRODUCTION. 


Of  the  Origin  of  Government,    ■  ^ 


T 


HE 


of 


all 


origin  CI  government  has 

no  lefs  perplexed  the  heads  of  lawyers 

and  politicians,  than  the  origin  of  ^'w/ has  em- 
barrafl'ed  divines  and  philofophers  :  and  'tis 
probable  the  world  may  receive  a  fatisfad:ory 
folution  on  both  thofe  points  of  enquiry  at  the 
fame  time. 

The  various  opinions  on  the  origin  of  go^ 
vernment  have  been  reduced  to  four,  i .  That 
dominion  is  founded  in  Grace,  2.  On  force 
ov  meev power,  '7^,  On  compaB,  4.  On  pro- 
perty. 

The  firft  of  thefe  opinions  is  fo  abfurd,  and 
the  world  has  paid  fo  very  dear  for  embracing 
it,  efpecially  under  the  adminiftration  of  the 
Roman  pontiffs,  that  mankind  feem  at  this  day 
to  be  in  a  great  meafure  cured  of  their  mad- 
nefs  in  this  particular;  and  the  notion  is  pret- 
ty generally  exploded,  and  hiiled  off  the 
fiage. 

To  thofe  who  lay  the  foundation  of  govern- 
ment in  force  and  meer  brutal  power,  it  is  ob- 
jedleds  that,  their  fyftem  deftroys  all  diftinc- 
tion  between  right  and  wrong;  that  it  over- 
turns all  morality,  and  leaves  it  to  every  man 

B  2  to 


_  (    4    ) 

to  do  what  is  right  in  his  own  eyes  ;  that  it 
leads  directly  to  Jcepticijm,  and  ends  in  a- 
theij'm.  When  a  man's  will  and  pleafure  is 
his  only  rule  and  guide,  what  fafety  can  there 
be  either  for  him  or  againft  him,  but  in  the 
point  of  a  fword  ? 

On  the  other  hand  the  gentlemen  in  favour 
of  the  original  compaB  have  been  often  told 
that  ^^^/r  fyftem  is  chimeric  land  unfupported 
by  reafon  or  experience,  Queftions  like  the 
following  have  been  frequently  aflced  them, 
snd  may  be  again. 

**  When  and  where  was  the  original  com* 
paft  for  introducing  government  into  any  fo- 
ciety,  or  for  creating  a  fociety,  made  ?  Who 
were  prefent  and  parties  to  fuch  compadl  ? 
Who  aded  for  infants  and  women,  or  who 
appointed  guardians  for  them ;  Had  thcfe 
guardians  power  to  bind  both  infants  and  wo- 
men during  life,  and  their  pofterity  after 
them  ?  Is  it  in  nature  or  reafon  that  a  guardian 
fhould  by  his  own  adt  perpetuate  his  power 
over  his  ward,  and  bind  him  and  his  pofterity 
in  chains  ?  Is  not  every  man  born  as  free  by 
nature  as  his  father?  Has  he  not  the  fame  na- 
tural right  to  think  and  ad  and  con^rad:  for 
himfelf  ?  Is  it  poflible  for  a  man  to  have  a  na- 
tural right  to  make  a  flave  of  himfelf  or  of  his 
pofterity  ?  Can  a  father  fuperfede  the  laws  of 
nature  ?  What  man  is  or  ever  was  born  free, 
if  every  nian  is  not  ?  What  will  there  be  to 
diftinguifti  the  next  generation  of  men  from 
their  forefathers,  that  they  (hould  not  have 

the 


that  it 
;  in  tf- 
Aire  is 
1  there 
in  the 

favour 
in  told 
•ported 
ke  the 
them, 

1  com- 
my  fo- 
'  Who 
npadl  ? 
Dr  who 
I   thcfe 
id  wo- 
y  after 
lardian 
power 
){lerity 
ree  by 
me  na- 
ad:  for 
eana- 
•  of  his 
aws  of 
n  free, 
be  to 
1  from 
:  have 
the 


ii 


; 


(    5    ) 

the  fame  right  to  make  original  compa(5ls  as 
their  anceftors  had  ?  If  every  man  has  fuch 
right,  may  there  not  be  as  many  original  com- 
pacts as  there  are  men  and  women  born  or  to 
be  born  ?  Are  riot  women  born  as  free  as 
men  ?  Would  it  not  be  infamous  to  aflert  that 
the  ladies  are  all  flaves  by  nature  ?  If  every 
man  and  woman  born  or  to  be  born  has,  and 
will  have,  a  right  to  be  confulted,  and  muft 
accede  to  the  original  compadt  before  they  can 
with  any  kind  of  juftice  be  faid  to  be  bound 
by  it,  will  not  the  compad:  be  jver  forming 
and  never  finifhed,  ever  making  but  never 
done  ?  Can  it  with  propriety  be  caPed  a  com- 
pact original  or  derivative,  that  is  ever  in  trea- 
ty but  never  concluded  ?"  '    ;    ^ 

When  it  has  been  foid  that  each  man  *5 
bound  as  foon  as  he  accedes,  and  that  the  con- 
fent  may  be  either  exprefs  or  tacit,  it  has  been 
aiked,  **  What  is  a  tack  confent  or  compadt? 
Does  it  not  appear  plain  that  thofe  who  refufe 
their  afl'ent  cannot  be  bound  ?  If  one  is  at 
liberty  to  accede  or  not,  is  he  not  at  liberty 
to  receive  on  the  difcovery  of  fome  intolerable 
fraud  and  abufe  that  has  been  palmed  upon 
him  by  the  reft  of  the  high-contra<5ting  par- 
ties ?  Will  not  natural  equity  in  feveral  fpecial 
cafes  refcind  the  original  compacts  of  great 
men,  as  effectually  as  thofe  of  little  men  are 
rendered  null  and  void  in  the  ordinary  courfc 
of  a  court  of  chancery  ?" 

There  are  other  queftions  which  have  been 
darted,  and  a  refoUition,  of  them  demanded, 

which 


^ 


^ 


I 
», 


\4 


■0 


i  '* 


-.'  (    6     ) 

which  may.  perhaps  be  deemed  indecent  by 
thofe  who  hold  the  prerogatives  of  an  earthly 
monarch,  and  even  the  power  of  a  plantation 
government,  fo  facred  as  to  think  it  little  lefs 
than  plafphemy  to  enquire  into  their  origin 
and  foundation :  while  the  government  of  the 
fupreme  rultr  of  the  univerfe  is  every  day  dif- 
cufled  with  lefs  ceremony  and  decency  than 
the  adminiftration  of  a  petty  German  prince. 
I  hope  the  reader  will  confider  that  I  am  at 
prefent  only  mentioning  fuch  queflions  as  have 
been  put  by  high-flyers  and  others  in  church 
and  flate,  who  would  exclude  all  compadt  be- 
tween a  fovereign  and  his  people,  without  of- 
fering my  own  fentiments  upon  them  ;  this 
however  I  prefume  I  may  be  allowed  hereaf- 
ter to  do  without  offence.  Thofe  who  want 
a  full  anfwer  to  them  may  confult  Mr.  Locke's 
difcourfes  on  government,  M.  De  Vattel's  law 
of  nature  and  nations,  and  their  own  con- 
Iciences.  •  • '  i    •  '"   .^ 

**  What  ftate  were  Great  Britain,  Ireland, 
and  the  Plantations  left  in  by  the  abdication 
of  James  II  ?  .Was  it  a  ftate  of  nature  or  of  ci- 
vil government  ?  If  a  Hate  of  civil  govern- 
ment, where  were  the  fupreme  legiflative  and 
executive  powers  from  the  abdication  to  the 
clcdion  of  William  and  Mary  ?  Could  the 
Lords  and  Commons  be  called  a  compleat 
parliament  or  fupreme  power  without  a  King 
to  head  them  ?  Did  any  law  of  the  land  or  any 
original  compact  previous  to  the  abdication 
provide,  that  on  fuch  an  event,  the  fupreme 

power 


(    7    )      » 

power  fhould   devolve  on  the   two  houfes  f 

Were  not  both  houfes  fo  manifeftly  puzzled 
with  the  novelty  and  ftrangenefs  of  the  event* 
and  (o  far  from  finding  any  ad  of  parliament, 
book-cafe,  or  precedent  to  help  ♦^em,  that 
they  difputed  in  folemn  Conference  by  what  " 
name  to  call  the  adlion,  and  at  laft  gave  ic 
one,  as  new  in  our  language  and  in  that  of  par- 
liament as  the  thing  itfelf  wasin  fadl*?" 

If  on  this  memorable  and  very  happy  event 
the  three  kingdoms  and  the  dominions  fell 
back  into  a  ftate  of  nature,  it  will  be  aiked, 
*«  Whether  every  man  and  woman  were  not 
then  equal  ?  If  fo,  had  not  every  one  of  them 
a  natural  and  equitable  right  to  be  confulted 
in  the  choice  of  a  new  king*  or  in  the  forma- 
tion of  a  new  original  compa6t  or  government, 
if  any  new  form  had  been  made  ?  Might  not 
the  nation  at  that  timehave  rightfully  changed 
the  monarchy  into  a  republic  or  any  form,  that 
might  feem  beft  ?  Could  any  change  from  a 
ftate  of  nature  take  place  without  univerfal 
confent,  or  at  leaft  without  the  confent  of  the 
majority  of  the  individuals  ?  Upon  the  prin- 
ciples of  the  original  compadt  as  commonly 


cx- 


*  On  King  James's  leaving  the  kingdom  and  abiiicating  the 
government,  the  lords  would  have  the  word  defertion  made  ufe 
of,  but  the  commons  thought  it  was  not  comprehenfive  enough, 
.  for  that  the  King  might  then  have  liberty  of  returning.  The 
Scots  rightly  called  it  a  forfeiture  of  the  cr.)wn,  and  this  in 
plain  Englifti  is  the  fenfe  of  the  term  abdkatmi  as  by  the  con- 
vention and  every  Parliament  fince  applied.  See  ihe  hiliory 
and  debates  of  the  coavention,  and  theadls  then  ma.ie. 


^1 

(  8  ) 
explained  and  undcrflood,  could  a  few  hun- 
dred men,  who  before  the  diflblution  of  the 
government  had  been  called,  and  in  fa(5twere, 
lords,  knights,  and  gentlemen,  have  lawfully 
made  that  glorious  deliverer  and  defender 
IV,  III.  rightful  king  ?"  Such  an  one  he  cer- 
tainly was,  and  fuch  have  been  all  his  illu* 
ftrious  fuccellbrs  to  the  prefent  happy  times; 
when  we  have  the  joy  to  fee  the  fceptre 
fwayed  in  juftice,  wifdom  and  mercy,  by  o«r 
lawful  Sovereign  George  the  Third;  a  prince 
who  glories  in  being  a  Briton  born,  and  whom 
may  God  long  preferve  and  profper. 

"  If  upon  the  abdication  all  were  reduced 
to  a  lla*tp,of  nature,  had  not  apple-women  and 
orange-girls  as  good  a  right  to  give  their  ref- 
pedtive  fuffrages  for  a  new  king  as  the  philo- 
ibpher,  courtier,  petit  maitre,  and  politician  ? 
Were  thefe  and  len  millons  of  others  fuch 
ever  more  confulted  on  that  occalion,  than 
the  multitude  now  are  intheadjuftment  of  that 
real  modern  farce,  an  eleftion  of  a  king  of 
the  Romans;  which  ferves  as  a  contrafl  to  the 
grandeur  of  the  ancient  republics,  and  fhews 
the  littlenefs  of  the  modern  German  and  fome 
other  Gothic  conftitutions  in  their  prefent 
degenerate  flate  ? 

*«  In  the  eledion  of  W,  III.  were  the  votes 
of  Ireland  and  the  Plantations  ever  called  for 
or  once  thought  of  till  the  affair  was  fettled? 
Did  the  lords  and  commons  who  happened  to 
be  then  in  and  about  Weftminfter  reprefent, 
and  adl,  for  the  individuals,  not  only  of  the 

three 


4 
I 


(  9  )  ,,:., 

tliree  kingdoms,  hut  for  all  the  free-born  and 
rtr  yit  tinconquerea  pojfeljors  twd  proprietors 
of  their  own  monty-purc/jiifed,  blood-jnirchajed 
plant  at  ion  s^  wbichy  tdl  lacehy  have  been  de- 
fended with  little  or  no  affijiance  from  Great- 
■  Britain  ?  WtM*e  not  thole  who  did  not  vote  in 
oi  for  the  new  model  athberty,  upon  the  prin- 
ciples of  the  compa(5l,  to  remain  in  uhat  fome 
call  the  delcdlahle  ftate  of  nature,  to  which 
hy  the  hypothefis  they  were  reduced,  or  to 
join  themielves  to  any  orher  itate,  whcfe  fo- 
Icmn  league  and  covenant  they  could  fub- 
fcribe?  Is  it  not  a  firft  principle  of  the  origi- 
nal compadt,  that  all  who  are  bound  (hould 
hind  themJe/vesF  Will  not  common  fenfe  with- 
out much  learning  or  ftudy  dictate  obvious 
anfwers  to  all  the  above  queUicns? — and,  fay 
the  oppofers  of  the  original  compad.1  and  of 
the  natural  equplity  and  liberty  of  mankind, 
will  not  thole  anfwers  infallibly  (hew  that  the 
dodlrine  is  a  piece  of  metaphyjiial jargon  and 
fyjleivatical  nonfenfe  ?"  Perhaps  Eiot. 

With  regard  to  the  fourth  opinion,  that/i?- 
fninion  is  founded  in  property^  what  is  it  but 
playing  with  words?  Dominion  in  one  fcnle 
of  the  term  is  fynonimous  with  property,  fo 
one  cannot  be  called  the  foundation  of  the 
other,  but  as  one  «tfw^  may  appear. to  be  the 
foundation    r  caufe  of  another. 

PropLrry  cannot  be  the  foundation   of  do- 
minion as  fynonimous  with  government;   for 
on  the  fuppolition  that  property  has  a  precari- 
.        "  C  •      •     •  ous 


III'' 


i 


(      10      ) 

ous  exiftence  antecedent  to  government,  and 
though  it  is  alfo  admitted  that  the  fecurity  of 
property  is  one  end  of  government,  but  ihat 
,  of  little  eflimation  even  in  the  view  of  a  mifer 
when  life  and  liberty  of  locomotion  and  fur- 
ther accumulation  are  placed  in  competition, 
it  mufl  be  a  very  abfurd  way  ot  fpcaking  to  af- 
fert  that  one  end  of  government  is  the  foun- 
dation of  government.  If  the  ends  of  go- 
vernment are  to  be  confidered  as  its  founda- 
tion, it  cannot  with  truth  or  propriety  be  faid 
that  government  is  founded  on  any  one  of  thofe 
ends  ;  and  therefore  government  is  not  found- 
ed on  property  or  its  (ecurity  alone,  butat  leaft 
on  fomething  elfe  in  conjundlion.  It  is  how- 
ever true  in  fadl  and  experience ,  as  the  great, 
the  incomparable  Harrington  has  moll  abun- 
dantly demonftrated  in  his  Oceana,  and  other 
divine  writings,  that  Empire  follows  the  ba- 
lance of  property:  it  is  alfo  certain  that ^r6« 
perty  in  fadt  generally  confers  power,  though 
the  poU'eflor  of  it  may  not  have  much  more 
wit  than  a  mole  or  a  mufqualh  :  and  this  is 
too  often  the  caufe,  that  riches  are  fought  af- 
ter, without  the  leaft  concern  about  the  right 
application  of  them.  But  is  the  fault  in  the 
riches,  or  the  general  law  of  na*ure,  or  the 
unworthy  poflelTor  ?  It  will  never  follow  from 
all  this,  that  government  is  rightfully  found- 
ed on  property,  alone.  What  mall  we  (ay 
then  ?  Is  not  government  founded  on  grace  ^ 
No.  Nor  on  force  F  No,  Nor  on  compa£l  f 
Nor  property  ?       Not   altogether  on  either. 

.  Has 


-  . ,  k. 


I 
II 


IS 

af- 
ght 
the 
the 


(     II     ^  •        -       . 

Has  it  any  folid  foundation  ?  any  chief  corner 
ftone,  but  what  accident,  chance  or  confufion 
may  lay  one  moment  and  deftroy  the  next  ? 
I  think  it  has  an  everlafting  foundation  in  the 
unchangeable  will  0/ God,  the  author  of  na- 
ture, whofe  laws  never  vary.  The  fame  om- 
nifcient,  omnipotent,  infinitely  good  and  gra- 
cious Creator  of  the  univerfe,  who  has  been 
pleafcd  to  make  it  neceflary  that  what  we  call 
matter  lliould  gravitatt',  for  the  celeftiai  uo^ 
dies  to  roll  round  their  axis,  dance  their  or- 
bits, and  perform  their  various  revolutions  in 
that  beautiful  order  and  concert,  which  we 
all  admire,  has  made  it  equailj  necefiary  that 
from  Adam  and  Rve  to  thefe  degenerate  days, 
the  different  fexes  fliould  fweetiy  attract  each 
other,  from  focieties  oi  Jingle  families,  of 
which  larger  bodies  and  communities  are  as 
naturally,  mechanically,  and  neceflarily  com- 
bined, as  the  dew  of  Heaven  and  the  foft  dif- 
tilling  rain  is  colled:ed  by  the  all-enlivening 
heat  of  the  fun..  Government  is  therefore  molt 
evidently  founded  on  the  necejfities  of  cur  na- 
ture. It  is  by  no  means  an  arbitrary  thing, 
depending  metely  on  compadi  or  human  will  for 
its  exiflence. 

We  come  into  the  world  forlorn  and  help- 
lefs  ;  and  if  left  alone  and  to  ourfelves  at  any 
one  period  of  our  lives,  we  fhould  ibon  die  in 
want,  defpairor  diil:ra(!?'on.  So  kind  is  that 
hand,  tho'  little  known  or  regarde.!,  which 
feeds  the  rich  and  the  poor,  the  blind  and  the 
naked  -,  and  provides  for  the  fafety  of  infants 

C  2  by 


I  i    i 


>. 


il! 


i 


■I  I 


(       12    J 

by  the  principle  of  parental  love,  and  for  that 
of  men  by  Government  !  We   have  a  King, 
who  neither  (lumbers  nor  fleeps,  but  eternal- 
ly watches  for  our  good  ;  whofe  rain  falls  on 
thejuftand  on  the   unjull :  yet  while  they 
live,  move,  and  have  their  being  in  him,    and 
cannot  account  for  either,  or  for  any  thing 
elfe,  fo  ftupid  and  wicked  are  feme  men,  as 
to  deny  his  exiftence,  blafpheme  his  molt  evi- 
dent government,  and  difgrace  their  nature. 

Let  no  Man  think  I  am  about  to  commence 
advocate  for  defpotifniy    becaufe  I  affirm  that 
government  is  founded  on  the  neceflity  of  our 
natures  j  and  that  an  original  fupreme  Sove- 
reign,abfolute,and  imcontroulable,ft*^r//'/vpow- 
er  muji  exifl  in  and  prelide  over  every  fociety ; 
from  whofe  final  decifions  there  can  be  no  ap- 
peal but  diredly  to  Heaven      It  is  therefore 
criginally  and  ultimately  in  the  people.     I  fay 
this  fupreme  abfolute  power  is  originally  and 
'ultimately  in  the  people;  and  they   never  did 
in  {2i&.  freely t  nor  can  they  rightfully  make  an 
abfolute,    unlimited  renunciation  of  this  di- 
vine right*.     It  is  ever  in   the  nature  of  the 
thing  given  in  truftj  and  on  a  condition,  the 
performance  of  which  no  mortal  can  difpence 
with  i  namely,  that  the  perfon  or  perfons  on 

whom 


*  The  power  of  Go4   Almiohty  is  the  only  power  that  can 

properly  and  ftridly   be  cA\t\  fupreme  and   abfolute.     In  the 

order  of  nature  immediately  under  him,  comes  the  power  «jf  a 

{\TC\^\t  ^emttrary,  or  th^- power  of  the  whole  over   the  whole. 

Subferii  ent  to  both   tliefe  are  al'  other  political  powers,  from 

^hat  of  ihe  French  Monarqu»,  to  a  pretty  conllable. 


•     (     '3     ) 

whom  the  fovereignty  is  conferred  by  the  peo- 
ple, (hall  incefjantly  confult  their  good.     Ty- 
ranny of  all  kinds  is  to  be  abhorred,  whetherj 
it  be  in  the  hands  of  one,  or  of  the  few,  oi* 
of  the  many. — And  though  **  in  the  lafl  age 
a  generation  of  men   fprung  up  that  would 
flatter  Princes  with  an  opinion  that  they  have 
a  dmne  right  to  abfolute  power ;"  yet  **  fla- 
very  is  fo  vile  and  miferable  an  eftate  of  man, 
and  fo  dired:ly  oppofite  to  the  generous  tem- 
per and  courage  of  our  nation,  that  it  is  hard 
to  be  conceived  that  an  Engltjhtnarii  much  lefs 
2i  getztleman,  (hould  plead  for  it*:"  Efpecial- 
ly  at  a  time  when  the  fined:  writers  of  the 
moft  polite  nations  on  the  continent  oi Europe^ 
are  enraptured  with  the  beauties  of  the  civil 
coniUtution  of  Great  Britain-,  and  envy  her, 
no  lefs  for  the  freedom  of  her  fons,  than  fojr' 
her  immenfe  wealth  and  military  glory. 

But  let  the  origin  of  government  be  placed 
where  it  may,  the  end  of  it  is  manifeftly  the 
good  of  the  whole.  Salus  populi  Juprema  lex 
eftoy  is  of  the  law  of  nature,  and  part  of  that 
grand  charter  given  the  human  race  (though 
too  many  of  them  are  afraid  to  affert  it)  by 
the  only  monarch  in  the  univerfe,  who  has  a 
clear  and  indifputable  right  to  abfolute  ^o^tv^ 
becaufe  he  is  the  o?2ly  One  who  is  omnijcient 
as  well  as  omnipotent. 

It  is  evidently  contrary  to  the  firfl principles 
of  reafon,  that  fupreme  z/«/»/^/W  power  fhould 
be  in  the  hands  of  one  man.     It  is  the  greateft 

*«  idolatry, 
*  Mr.  Locke.  .      ...        ...   ./ 


i   '  I 


ii 


(  H  ) 
"  idolatry,  begotten  by  flattery,  on  the  body 
o^ pride,"  that  could  induce  one  to  think  that 
2i  Jingle  mortal  Ihould  be  able  to  hold  fo  great 
a  power,  if  ever  fo  well  inclined.  Hence  the 
origin  of  deifying  princes  :  it  was  from  the 
trick  of  gulling  the  vulgar  into  a  belief  that 
their  tyrants  were  omnifcient  \  and  that  it  was 
therefore  right,  that  they  ^lould  be  confidered 
as  omnipotent.  Hence  the  Dii  majorufn  &  mi" 
norum  gentium  ;  the  great,  the  monarchical, 
the  little,  Provincial  fubordinate  and  fubaltern 
gods,  demi-gods,  and  femidemi-gods,  ancient 
and  modern.  Thus  deities  of  all  kinds  were 
multiplied  and  increafed  in  abundance ;  for 
every  devil  incarnate,  who  could  enflave  a 
people,  acquired  a  title  to  divinity ;  and  thus 
the  **  rabble  of  the  fkies"  was  made  up  of 
locufts  and  caterpillars;  lions,  tygers,  and  har- 
pies ;  and  other  devourers  tranflated  from 
plaguing  the  earth*  ! 

The  e?2d  of  government  being  the  goad  of 
mankind,  points  out  its  great  duties :  it  is  a- 
bove  all  things  to  provide  for  the  fccurity,  the 
quiet,  and  happy  enjoyment  of  life,  liberty, 
and  property.  There  is  no  one  a(5t  which  a 
government  can  have  a  rigl)t  to  make,  that 
does  not  tend  to  the  advancement  of  the  fecu- 
rity,  tranquility  and  profperity  of  the  people. 
If  life,  liberty  and  property  could  be  enjoyed 


in 


»  Kingcraft  and  Prieftcraft  have  fell  out  fo  often,  that  it  is 
a  wonder  this  grand  and  ancient  alliance  is  not  broken  off  for 
ever.    Happy  for  mankind  will  it  be,  when  fuch  a  fcparation 

flnall  take  place. 


m 


t  body 
kthat 

great 
ce  the 
n  the 
f  that 
it  was 
idered 

&  mi^ 
chical, 
Daltern 
incient 
ls  were 
:e  'y  for 
iflave  a 
id  thus 
e  up  of 

id  nar- 
from 

yod  of 
lit  is  a- 
ity,  the 
liberty, 
Ihich  a 
that 
fecu- 
jeople. 
ijoyed 
in 


ithat  it  is 
en  off  foT 
[paration 


(   »s   ) 

in  as  great  perfedlion  in  folitude,  as  mfociety^ 
there  would  be  no  need  of  government.  But 
the  experience  of  ages  has  proved  that  fuch  is 
the  nature  of  man,  a  weak,  imperfedt  being; 
that  the  valuable  ends  of  life  cannot  be  ob- 
tained, without  the  union  and  affiftanc«  of 
many.  Hence  it  is  clear  that  men  cannot  live 
apart  or  independent  of  each  other  :  in  foli- 
tude  men  would  periQi  j  and  yet  they  cannot 
live  together  without  conrefts.  Thefe  con- 
lefts  require  fome  arbitrator  to  determine  them. 
The  neceflity  of  a  common,  indifferent  and 
impaitial  judge,  makes  all  men  feek  one; 
though  ^Qw  find  him  in  the Jbvereign  power ^ 
of  their  refpedive  ftates,  or  any  where  elfe  in 
Jubordination  to  it. 

Government  is  founded  immediately  on  the 
\iecefliiies  of  human  nature,  and  ultimately  on 
the  will  of  God,  the  author  of  nature  j  who 
has  not  left  it  to  men  in  general  to  chufc, 
whether  they  will  be  members  of  fociety  or 
not,  but  at  the  hazard  of  their  fenfes  if  not 
of  their  lives.  Yet  it  is  left  to  every  man  as 
he  comes  of  age  to  chufe  what  fociety  he  will 
continue  to  belong  to.  Nay,  if  one  has  a 
mind  to  turn  hermit ,  and  after  he  has  been 
born,  nurfed,  and  brought  up  in  the  arms  of 
fociety,  and  acquired  the  habits  and  patlions 
of  fecial  hfe,  is  willing  to  run  the  rifque  of 
ftarving  alone,  which  is  generally  moft  una- 
voidable in  a  ftate  «f  hermitage,  who  fhall 
hinder  him  i*  I  know  of  no  huujan  law, 
founded  on  the  law  of  ;7^/2^?v,  to  reitrain  hinft 

frouK 


11 


I 


:    ill 


i 


(     i6     )  • 

from  feparating  himfelf  from  all  the  fpccies, 
if  he  can  find  it  in  his  heart  to  leave  them  ; 
unleis  it  fhould  be  faid,  it  is  againft  the*  great 
law  oi Jeff' pre fervation  :  But  ot  this  every  man 
will  think  himfelf /)/j  own  judge. 

The  few  hermits  and  Mifanthropes  that 
ever  cxifted,  (hew  that  thole  dates  arc  unna- 
tural. If  We  were  to  take  out  from  them 
thofe  who  have  made  great  worldly  gain  of 
their  godly  hermitage,  and  ihofe  who  have 
been  under  the  madnefs  oi  enthujiafm,  or  dif- 
appointed  hopes  in  their  ambitious  projeds,  for 
the  detriment  of  mankind,  perhaps  there 
might  not  be  left  ten  from  Ada?n  to  this.  day. 

The  form  of  government  is  by  nature  and 
by  right  fo  far  left  to  the  individuals  bf  each 
focietyi  that  they  may  alter  it  from  a  fimple 
democracy,  or  government  of  all  over  all,  to 
any  other  form  they  pleafe.  Such  alteration  may 
and  ought  to  be  made  by  exprefs  compact  : 
But  how  feldom  this  right  has  been  afferted, 
hiftory  will  abundantly  (hew.  For  once  that 
it  has  been  fairly  fettled  by  compadt  j /rtf«^, 
force  or  accident  have  determined  it  an  him- 
dred  times.  As  the  people  have  gained  upon 
tyrants,  thefe  have  been  obliged  to  relax,  ohly 
till  a  fairer  opportunity  has  put  it  in  thtir 
power  to  encroach  again. 

But  if  every  prince  fince  Nimrod  had  been 
a  tyrant,  it  would  not  prove  a  right  to  ty- 
ranize.  There  can  be  no  prefcription  old 
enough  to  fnperfede  the  law  of  nature,  and 
the  grant  of  God  Almighty  \  who  has  given 

to 


fpecics, 

them  ; 

le*  great 

ery  man 

pes  that 

c  unna- 

m  them 

f   gain  of 

ho  have 

f,  or  dif- 

[e6\s,  for 

ps    there 

his.  day. 

jture  and 

jbf  each 

1  a  fimple 
er  all,  to 
ationmay 
ompaft  : 
afferted, 
once  that 
J  fraud, 
an  hun- 
ined  upon 
relax,  ohly 
it  in  thtir 

had  been 

\ight  to  ty- 

iption  old 

iture,  and 

has  given 

to 


I  ■ 


(  .17  )  K 

to  all  men  a  natural  right  to  he  free,  and  they; 
have  it  ordmarily  in  their  power  to  make  , 
themfclvcs  fo,  if  they  pleafe.  ^    , 


il, 


Government  having  been  prove!  to  be  ne-  . 
neflary  by  the  law  of  nature,  it  makes  no  dif- 
ference in  the  thing  to  call  it  from  a  certain 
period,  civi/.     This  term  can  only  relate  to 
form,  to  additioris  to,  or  deviations  from,  the 
fubllance  of  government:  This  being  found- 
ed in   nature,    the  fuperflrudiures    and    the 
whole  adminift ration  fhould  be  conformed  to 
the  law  of  univerfal  reafon.     A  fupreme  Je- 
gillative  and  a  fupreme  executive  power,  muft  , 
he  placed  fomewhere  in  every  commonwealth: 
Wnere  there  is  no  other  pofitive  proviiion  or 
compad:  to  the  contrary,  thofe  powers  remain 
in  the  whole  body  of  the  people.     It  is  alfo  evi- 
dent there  can  be  but  one  beft  way  of  depo- 
fiting  thofe  powers ;  but  what  that  way  is,' 
mankind  have  been  difputing  in  peace  and  in  _ 
war  more  than  five  thoufand  years.     If  we  , 
could  fuppofe  the  individuals  of  a  community  , 
met  to  deliberate,  whether  it  were  beft  to  ' 
keep  thofe  powers  in  their  own  hand?,  or  dif- 
pofc  of  them  in  tru/i,  the  following  queftions 

would   occur -Whether  thofe   two  great 

powers  of  Lcgijlation  and  Execution  fliould  re- 
main united  ?  If  fo,  whether  in  the  hands  of 
tl'.e  many,  or  jointly  or  feverally  in  the  hands 
of  a  few,  or  jointly  in  fome  one  individual  ? 
.If  both  thofe  powers  are  retained  in  the  hands 
of  the  many,    where  nature   items  to  have 

D  placed 


III 


(  i8  ) 
placed  them  originally,  the  government  is  ii 
limple  democracy i  or  a  government  of  all  over 
all.  This  can  be  adminiflred,  only  by  efta-^ 
blilhing  it  as  a  firft  principle,  that  the  votes 
of  the  majority  (hall  be  taken  as  the  voice  of 
the  whole.  If  thofe  powers  are  lodged  in  the 
hands  of  a  few,  the  government  is  Arijiocracy 
or  Olk^arrhy^  Here  too  the  firft  principles 
of  a  pradi  .ible  adminiftration  is,  that  the  ma- 
jority rules  the  whole.  If  thofe  great  powers 
are  both  lodged  in  the  hands  of  one  man,  the 
government  is  2l  /imple  Monarchy,  commonly, 
though  fallly  called  ahfoitUe,  if  by  that  term 
is  meant  a  right  to  do  as  one  pleafes.~--S/V 
voio,  Jic  jubeo,  Jlet  pro  ratione  ijoluntas,  be- 
longs not  of  right  to  any  mortal  man. 

The  fame  law  of  nature  and  of  reafon  is 
equally  obligatory  on  a  democracy^  an  arijio^ 
cracy,  and  a  monarchy  :  Whenever  the  admi- 
niflrators,  in  any  of  thofe  forms,  deviate  from 
truth,  juftice  and  equity,  they  verge  towards 
tyranny,  and  are  to  be  oppofed  -,  and  if  they 
prove  incorrigible,  they  will  be  depofed  by 
the  people,  if  the  people  are  not  rendered  too 
abjed:.  Depofing  the  adminiftrators  of  a  Jim- 
pie  democracy  may  found  oddly,  but  it  is  done 
every  day,  and  in  almoft  every  vote.  A,  B, 
and  C,  for  example,  make  a  democracy  j  to 
day  A  and  B  are  for  fo  vile   a  meafure  as  a 

iland- 


*   For  the  fake  of  the   urlettered   reader  it  is  noted,  that 
Monarchy  means  the  power  of  one  great    man  ;    Arillocracy 
and  Oligarchy  tl\at  of  a  few  ;  and   Democracy  that  of  al 
men. 


IS  a 

over 

efta-^ 
votes 
ice  of 
in  the 
ocracy 
iciples 
le  ma- 
towers 
in,  the 
iionly, 
Lt  teroi 

as,  be- 

^afon  is 
1  arijlo" 
e  admi- 
frorn 
owards 
f  they 
ed  by 
red  too 
a  Jim- 
is  done 
A,  B, 
2cy ;  to 
e  as  a 
ftand- 


)tcd,  that 

triftocracy 

Ihat  of  al 


'        -  (      19      )         •    /^     •'       .,;• 

flandlna;  army  j  to  morrow  B  and  C  vote  it 
out.  This  is  as  reilly  depofing  the  former 
adminiftrators,  as  fetting  up  and  making  a 
new  king  is  depofing  the  old  one.  Democracy 
in  the  one  cafe,  and  monarchy  in  the  other, 
flill  remain  j  all  that  is  done  is  to  change  the 
aJminiftration, 

The  tirft:  principle  and  great  end  of  govern- 
ment being  to  provide  for  the  belt  good  of  all 
the  people,  this  can  be  done  only  by  a  fu- 
preme  legiflative  and  executive  uhimately  in 
the  people,  or  whole  community,  where  God 
has  placed  it  ;  but  the  inconveniencles,  not 
to  fay  impoflibility,  attending  the  confulta- 
tions  and  operations  of  a  large  body  of  people, 
have  made  it  neceflliry  to  transfer  the  pov^^er 
of  the  whole  to  ^lJIw:  This  neceflity  gave 
rife  to  deputation,  proxy,  or  a  right  of  repre- 
fentation. 

A  Power  of  legiflation,  without  a  po-.ver 
of  execution  in  the  fame  or  other  hands, 
would  be  futile  and  vain  :  On  the  other  hand, 
a  power  of  execution,  fupreme  or  fubordinate, 
without  an  independent  legillature,  would  be 
perfedl  defpotifm. 

The  difficulties  attending  an  univerfal  con- 
grefs,  efpecially  when  fociery  became  large, 
have  brought  men  to  confent  to  a  delegatiun 
of  the  power  of  all  :  The  weak  and  the  Wick- 
ed  have  too  often  been  found  in  ihe  lame  in- 
terell;  and  in  molt  nations  h:ive  not  only 
brought  thefe  powers  jointfy  into  the  hands  of 
one,    or  fome  few,    of  their   number;    but 

D  2  ♦  made 


Hi)^ 


!l 


i" 


1 1 


h!  i 


ii   ! 


'I  ! 


lii 


(   20  ) 

made  them  hereditary,    in  the  families  of  def- 
potic  nobles  and  princes. 

The  wifer  and  more  virtuous  dates,  have 
always  provided  that  the  reprefentation  of  the 
people  iliould  be  numerous.     Nothing  but  life 
and  liberty  are  «^////r*^/^  hereditable:  This  has 
never  been   coniidered    by   thole,  who  have 
tamely  given  up  both  into  the  hands  of  a  ty- 
rannical Oligarchy  or  defpotic  Monarchy. 
-,The  analogy  between  the  natural,  or  ma- 
terial, as  it  is  called,  and  the  moral  world,  is 
very  obvious;  God  himfelf  appears  to  us  at 
fome  times  to  caufe  the  intervention  or  com- 
bination of  a  number  of  limple   principles, 
though  never  when  one  will  anfwer  the  end  ', 
gravitation  and  attrad:ion  have   place    in  the 
revolution   of  the  planets,  becaufe  the  one 
would  fix   them  to  a  centre,  and  the  other 
would  carry  them  off  indefinitely  ;  fo  in  the 
moral  world,  the  firftfimple  principle  is  i'^w^?- 
lity  and  the  power  of  the  whole.     This  will 
anfwer  in  fmall  numbers  ;  fo  will  a  tolerably 
virtuous  Oligarchy  or  a  Monarchy.    But  when 
the  fociety  grows  in  bulk,  none  of  them  will 
anfwer  well  fingly,  and  none  worfe  than  ab- 
folute  monarchy,    tt  becomes  necefiary  there- 
fore as  numbers  increafe,  to  have  thofe  feveral 
powers  properly  combined  ;  fo   as   form    the 
whole  to  produce   that  harmony  of  govern- 
ment fo  often  talked  of  and  wiflied  for,  but 
too  feldom  found  in  ancient  or  modern  ftates. 
The  grand  political  problem  in  all  ages    has 
bcv-n  to  invent  the  belt  combination  or  diftri- 

bution 


"I 


(       2.        ) 

bution  of  the  fupremc  powers  of  legiflalion 
and  execution.     Thofe  ftates  have   ever  made 
the  greateft  figure,  and  have  been  moft  dura- 
ble, in    whicii   thofe    powers  have   not   only 
been  feparated  from   each   other,  but  placed 
each  in  more  hands  than  one,  or  a  few.    The 
Romans  are   the    moft  lliining   example ;  but 
they  never   had   a  balance  between  the  fenate 
and  rhe  people  j  and   the  want  of  this,  is  ge- 
nerally agreed   by  the  few   who   know   any 
thing  of  the  matter,  to  have  been  the  caufe  of 
their  fall.     The  Brit ij/b  conftitution  in  theory 
and  in  the  prefent  adminiftration  of  it,  in  ge- 
neral comes  neareft  the  idea  of  perfedlion,  of 
any  that  has  been  reduced  to  pracfliccj  and  if 
the  principles  of  it  are  adhered    to,  it   will, 
according  to  the  infallible  predidion  of  Har^ 
rwgton,  always    keep    the  Britons  uppermcft 
in  Europe,  'till    their    only  rival    nation  inall 
either  embrace    that  perfedl  model  of  a  com- 
monwealth given  us  by  that  author,  or   come 
as  near  it  as  Great-Britain  is.      Then  indeed, 
and  not  till  then,  will   that   rival  and  our  na- 
tion cither  be  eternal  confederates,  or  contend 
in  greater  earneft  than   they  have    ever  yet 
done,   till  one  of  them  fliall  fink  under  the 
power  of  the  other,   and  rife  no  more. 

Great  Britain  has  at  prefent,  moft  evident- 
ly the  advantage,  and  luch  opportunities  of 
honeft  wealth  and  grandeur,  as  perhaps  no 
ftate  ever  had  before,  at  leaft  not  fince  the 
days  of  Julius  Ccrjar,  the  deftroyer  of  the 
Roman  glory  and  grandeur,  at  a  time    when 

but 


g 


I.IIII 


I  1 


(       22       ) 

hilt   for   him  and    hi-;    adherents  both  might 
have  been  rendered  iiiKnortil. 

We  have  fald  that  the  form  and  mode  of 
government  is  to  be  fettk  (i  by  compatl^  as  it 
was  rightfully  done  by  the  convention  after 
the  abdication  of  y^/w.'i  II.  and  aHentcd  to  by 
the  firfl  rcprc.fcntative  of  the  nation  chofcn 
afterwards,  and  by  every  parliamcnr,  and  by 
almoft  every  man  ever  fince,  l)iit  the  bigots 
to  the  indereafible  powerof  tyrants  civil  and  ec- 
tlefiaftic.  There  was  neirher  time  for,  nor 
occafion  to  call  the  whole  people  together  : 
if  they  had  not  liked  the  proceedings  it  was  in 
their  power  to  controii)  dicm  j  as  it  would  be 
fhould  tlic  fnpreme  legilKitive  or  executive 
powers  ever  again  attempt  to  enflave  them. 
The  people  will  bear  a  great  deal,  before  they 
will  even  murmur  againft  their  rulers:  but 
when  once  they  are  thoroughly  roufed,  and  in 
carneft,  againft  thofe  who  would  be  glad  to 
enflave  them,  their  power  is  Irrefijiibk*, 

At  the  abdication  of  King  Jame:,  every 
fie p  was  taken  that  natural  juftice  and  equity 
could  require  ;  and  all  was  done  that  waspof- 
fiblc,  at  leaft  in  the  wretched  ftate  in  which 
he  left  the  nation.  Thofe  very  noble  and 
worthy  patriots,  the  lords,  fpiritual  and  tern-- 
poral  of  that  day,  and  the  principal  perfons  of 
the  commons,  advifed  the  prince,  who  in 
confequence  thereof  caufed  letters  to  be  **  writ- 
ten to  the  lords  fpiritual  and  temporal,  being 
proteflants,   and  other   letters  to   the   feveral 

coun- 
•  See  Mr.  Locke  on  the  DifTolution  of  Government. 


1i- 

y 
I 


might 

lode  of 
,  as    it 
)n  after 
d  to  by 
thofcn 
and  by 
billots 
and  ec- 
for,  nor 
gether  : 
t  was  in 
'ould  be 
xccutive 
e  them, 
fore  they 
rs:    but 
,   and  in 
irlad  to 


i\ 


every 
equity 
as  pof- 
which 
ble  and 
tem^ 
rfons  of 
who  in 
<*writ- 
,  being 
feveral 


nd 


1. 


coun- 


;nt. 


counties,  cit  cs,  univeriities,  boroughs  r^nd 
cinque-ports,  for  the  chufing  fuch  perfons  to 
rcpreibnt  the.n  as  v.  ere  of  right  to  be  fent  to 
parhament,  to  meet  at  Wellmmller  upon  the 
22d  of  January  1688,  in  order  to  fuch  an 
cftabUlhment,  as  ihat  their  religion,  laws  and 
liberties  might  not  again  be  in  danger  of  be- 
ing fubvx^rted."     See  ^\  &  M.  fell',  i  C.  i. 

Upon  this,  elections  were  made,  and  there- 
upon the  faid  lords  I'piritual  and  temporal  and 
commons  met,  and  proceeded  to  allert  their 
rights  and  liberties,  and  to  the  eledtion  of  the 
Prince  and  Princcl's  of  Orange  to  be  King  and 
(Jueen  of  England,  France  and  Ireland,  and 
the  dominions  thereto  belonging.  The  king- 
dom of  Scotland  agreed  in  the  fame  choice : 
Thcfe  yrocejdings  were  drawn  into  the  form 
of  adts  of  parliament,  and  are  the  balis  of  the 
ad:s  of  union  and  fucceliion  lince  made,  and 
which  altogether  are  the  fure  foundation  of 
that  indifpiitable  right  which  his  prefent  Ma- 
jefty  has  to  the  Crown  of  Great  Britain  and 
the  dominions  thereto  belonging;  which  right 
it  is  the  greatcil  folly  to  doubt  of,  as  w  ell  as 
the  blacked:  treafon  to  deny.  The  prefent 
eftablifhment  founded  on  the  1  iw  of  God,  and 
of  nature,  was  began  by  the  convention,  with, 
a  profeiled  and  real  view,  in  all  parts  of  the 
BritiJJj  empire,  to  put  the  liberties  of  the  peo- 
ple out  of  the  reach  of  arbitrary  power  in  all 
times  to  come. 

Bnt  the  grandeur,  as  well  as  juftice,  equity 
and  goodnefs  of  the  proceedings  oF  the  nation 

on 


»^ 


•I  I 


ill! 
1111,1m 

I! 


i  : 


ill 


.1 


<  MM 


i 

11 

ii 

ii. 


(       24       ) 

on  that  memorable  occafion,  never  have  been' 
nor  can  be  fo  well  reprefented  as  in  the  words 
of  thofe  great  men  who  compofed  the  con- 
vention ?  for  which  reafon  partly,  but  prin- 
cipally becaufe  they  (hew  the  rights  of  all  Bri- 
tilli  fubjed:s,  both  at  home  and  abroad,  and 
ihould  therefore  be  in  as  many  hands  as  pof- 
fible,  I  have  tranfcribed  the  following  claufcs. 

I  W.  &  M.  (t^.  I ,  chap.  I .  preamble  and 
fee.  I.  entitled —  '       - 

**  An  a(ft  fc-  removing  and  preventing  all 
queftions  and  difputes  concerning  the  affem- 
bling  and  iitting  of  this  prefent  parliament. 

For  preventing  ail  doubts  and  fcruples  which 
may  in  any  wife  arife  concern  ng  the  meet- 
ing, fitting  and  proceeding  of  this  prefent 
parliament;  be  it  declared  and  er  -lifted  by  the 
King's  and  Queen's  moft  excellent  Majefties, 
by  and  with  the  advice  and  confent  of  the 
lords  fpiritual  and  temporal,  and  commons, 
now  alfembled,  and  by  authority  of  the  fame. 
,  Ildly.  That  the  lords  fpiritual  and  tempo- 
ral, and  commons,  convened  at  Weftminfler, 
the  two  and  twentieth  day  of  January  A.  D. 
1 688,  and  there  fitting  the  13th  of  February 
following,  are  the  two  houfes  of  parliament, 
and  fo  fhall  be  and  are  hereby  declared,  enact- 
ed and  adjudged  to  be,  to  all  intents,  con- 
flruflions,  and  purpofes  whatfoever,  notwith- 
ftanding  any  want  of  writ  or  writs  of  fum- 
mons,  or  any  other  defedt  of  form  or  default 
whatfoever,  as  if  they  had  been  fummoned  ac- 
cording to  the  ufual  form. 

I  of 


A 

1. 


ive  been' 
le  words 
le  con- 
ut  prin- 
F  all  Bri- 
>ad,  and 
5  as  pof- 
jclaufcs. 
able  and 

nting  all 
e  affem- 
imcnt. 
ies  which 
he  meet- 
;   prefent 
ed  by  the 
i/[ajeflies, 
kt  of  the 
^mmons, 
he  fame. 
1  tempo- 
Iminfter, 
ry  A.  D. 
February 

liament, 
d,  enadt- 
nts,  con- 
notwith- 

of  fum- 
defaiilt 
icned  ac- 

I  of 


)r 


■        •    •    (  25  )     ' 

I  of  W.  &  M.  fell'.  2.  chap.  2.  fee.  3,  4,  5, 
6,   Ti,   12. 

An  ad  declaring  the  rights  and  liberties  of> 
the  fubjeiit,  and  lettHng  the  fucceilion  of  the 
Crown. 

Whereas  the  lords  fpiritual  and  temporal, 
and  commons,  aflembled  at  Weilminller,  law- 
fully, fully  and  free;y  reprefenting  all  the 
eftates  of  the  people  of  this  realm,  did  upon 
the  13th  of  February  A.  D  1688,  prelent 
unto  their  Majeflies,  then  called  and  knowi> 
by  4he  names  and  ftils  of  William  and  Mary^ 
Prince  and  Princefs  of  Orange,  being  prefent 
in  their  proper  perfons,  a  certain  declaration 
in  writing,  made  by  the  faid  lords  and  com- 
mons in  the  words  following,  'uiz. 

Whereas  the  late  King  James  the  fecond, 
by  the  afTiflance  of  divers  evil  counfellors, 
judges,  and  minifters  employed  by  him,  did 
endeavour  to  fubvert  and  extirpiate  the  protef- 
tant  religion,  and  the  laws  and  liberties  of  this 
kingdom. 

1.  By  afTuming  and  exercifing  a  power  of 
difpenfing  with  and  fufpending  of  laws,  and 
the  execution  of  laws,  without  confent  of  par- 
liament.       .       -  ■■   y 

2.  By  committing  and  profecuting  divers 
worthy  prelates,  for  humbly  petitioninfr  to  be 
excufed  from  concurring  to  the  faid  aflumed 
power.  ; 

3.  By  ifTuing  and  cauling  to  be  executed  a 
commiiiion  under  the  great  feal  for  eredtiny  a 


E 


court 


m 


III  I 


p' 

ll 


llnll  i' 

liii',;    ^ 

llii ' 


I  ill 


i  I 


!i' 


i!: 


|1 


(      26      ) 

court,  called.  The  court  of  commifTioners  for 
ecclefiaftical  caufes.     •    -     -     ^ 

4.  For  levying  money  for  and  to  the  ufe  of 
the  crown,  by  pretence  of  prerogative,  for 
other  time,  and  in  other  manner,  than  the 
fame  was  granted  by  parliament. 

5.  By  raifing  and  keeping  a  {landing  army 
within  this  kingdom  in  time  of  peace,  without 
confent  of  parliament,  and  quartering  foldiers 
contrary  to  law. 

6.  By  caufing  feveral  good  fubjeds,  Heing 
proteftants,  to  be  difarmed,  at  the  fame  time 
when  papiils  were  both  armed  and  employed, 
contrary  to  law. 

7.  By  violating  the  freedom  of  eledtion  of 
members  to  ferve  in  parliament. 

8.  By  profecutions  in  the  court  of  King's 
Bench,  for  matters  and  caufes  cognizable  only 
in  parliament  ;  and  by  divers  other  arbitrary 
and  illegal  courfes. 

9.  And  whereas  of  late  years,  partial,  cor- 
rupt and  unqualified  perfons,  have  been  re- 
turned and  ferved  on  juries  in  trials,  and  pnr- 
ticularly  divers  jurors  in  trials,foi'  high  treafon, 
which  were  Pot  freeholders. 

10.  And  exceffive  bail  hath  been  required 
of  perfons  committed  in  criminal  cafes,  toe- 
lude  the  benefit  of  the  lav/s  made  for  the  li- 
berty of  the  fubjedls. 

1 1 .  And  excefiive  fines  have  been  impofed  3 
and  illegal  and  cruel  punilhments  infiidl:ed. 

12.  And  feveral  grants  and  promifes  made 
gf  fines  and  forfeitures,  before  ajiy  convid:ion 

or 


1 1 


.ers 


for 


;  ufe  of 
ve,  for 
the 


lan 


g  army 
i;\rithout 
Ibldiers 


;,  \e\ng 
me  time 
iployed, 

eftion  of 

3f  King's 
able  only 
[arbitrary 

ial,  cor- 

been   re- 

andpnr- 

itreafon, 

required 
fes,  toe- 
)r  the  li- 

limpofedj 
Iflidled. 
[fes  made 
)nvi<^ion 
or 


I 


(  27  ) 

or  judgment  againft  the  perfons,  upon  whom 
the  fame  were  to  be  levied. 

All  which  are  uttterly  and  diretflly  contrary 
to  the  known  laws  and  llatutes,  and  freedom 

of  this  realm 

And  whereas  the  faid  late  King  James  the 
fecond  havi.ig  abdicated  the  Government,  and 
the  throne  being  thereby  vacant,  his  highnefs 
the  prince  of  Orange  (whom  it  hath  pleafed 
Almighty  God  to  make  the  glorious  inftru- 
ment  of  delivering  this  kingdom  from  popery 
and  arbitrary  power)  did  (by  the  advice  of  the 
Lords  fpiritual  and  temporal,  and  divers  prin- 
cipal perfons  of  the  con.  nons)caufe  letters  to 
be  written  to  the  lords  fpiritual  and  temporal, 
being  proteftants,  and  other  letters  to  the  fe- 
veral  counties,  cities,  univerfities,  boroughs, 
and  cinque-ports,  for  the  chufing  of  fuch 
perfonf?  to  reprefent  them,  as  were  of  right  to  , 
be  fent  to  parliament,  to  meet  and  fit  at  Weft- 
minfterupon  the  two  and  twentieth  of  Janua- 
ry in  this  year  1688,  in  order  to  fuch  an  efla- 
blidiment,  as  that  their  religion,  laws,  and 
liberties  might  not  again  be  in  danger  of  being 
fub verted.  Upon  which  letters,  elections  hav- 
ing been  accordingly  made  : 

And  thereupon  the  faid  lords  fpiritual  and 
temporal  and  commons,  purfuant  to  their  ref- 
pedtive  letters  and  eledions,  being  now  af- 
fembled  in  a  full  and  free  repefentative  of 
this  nation,  taking  into  their  moflferiouscon-* 
fideratlon  the  beft  means  for  attaining  the  ends 
aforefaid;  do  in  the  firft  place  (as  their  ancef- 

E    2  tors 


1.. 


i'- 


1  ■■!■:" 

1:. 


II:' I 


'I'i: 


1 1 


r'l'j'' 


|l: 


ii'l: 
•■il   :'::' 


rii:, 


llf 


(       28       ) 

tors  in  like  cafe  have  ufually  done)  for  the  vin- 
dicating and  afl'erting  their  antient  rights  and 
liberties,  declare,  .  « 

1 .  That  the  pretended  pow^er  of  fufpending 
of  laws,  or  the  execution  of  laws,  by  regal  au- 
thority, without  confent  of  parliament,  is  ilr 
legal. 

2.  That  the  pretended  power  of  difpenfing 
with  laws,  or  the  execution  of  laws,  by  regal 
authority,  as  it  hath  been  affumed  and  exer- 
cifed  of  late,  is  illep-p.i. 

3.  That  the  commiflion  for  creating  the 
late  court  of  commiffioners  for  ecclefiaftical 
caufes,  and  all  other  commifTions  and  courts 
of  like  nature,  are  illegal  and  pernictous. 

4.  That  levying  money  for  or  to  the  ufe 
of  the  crown,  by  pretence  of  prerogative,  withr 
out  grant  of  parliament,  for  longer  time,  or 
in  other  manner,  than  the  fame  is  or  {hall  be 
granted,  is  illegal. 

5.  That  it  is  the  right  of  the  fubjedts  to  pe- 
tition the  King  j  i'^d  all  commitments  and 
pi-olbcutions  for  fuch  petitioning  are  illegal. 

6.  That  the  raifmg  or  keeping  a  {landing 
army  within  the  kingdom  in  time  of  peace, 
unlefs  it  be  with  confent  of  parliament,  is  a- 
gain/l  law. 

7.  That  the  fubjcdts  which  are  prote{l:ants, 
may  have  arms  for  their  defence,  fuitable  to 
their  conditions,  and  as  allowed  by  law. 

8.  That  eledion  of  members  of  parliament 
oueht  to  be  free. 


III' I  'i 


iiilML 


e  vin- 
ts  and 

ending 
jal  au* 
,  is  ilr 

lenfin^ 
r  regal 
L  exer- 

ng  the 

iaftical 

court? 

lUS. 

the  ufc 
;,  withr 
me,  or 
hall  be 

to  pe- 
lts and 
[legal, 
fanding 

peace, 
is  a- 

jftants, 
[able  to 

lament 


: 


I 


(  29  )  . 

9.  That  the  freedom  of  fpeech,  and  de- 
bates, or  proceedings  in  parliament,  ought 
not  to  be  impeached  or  queftioned  ii  ^ny 
court  or  place  out  of  parliament. 

10.  That  excefTive  bail  ought  not  to  be  re- 
quired, nor  exceilive  fines  impofed  ;  nor  cru- 
el and  unufual  puniihments  inflided.    ^ 

I  J.  That  jurors  ought  to  be  duly  impan- 
nelled  and  returned;  and  jurors  whicn  pafs 
upon  mens  trials  for  high  treafon,  ought  to 
be  freeholders. 

12.  That  all  grants  and  promifes  of  fines 
and  forfeitures  of  particular  perfons  before 
con  virion,  are  illegal  and  void. 

13.  And  that  for  redrefs  of  all  grievances, 
and  for  the  amending,  ftrengthening,  and  pre- 
ferving  of  the  la\ys,  parliaments  ought  to  be 
held  frequently. 

And  they  do  claim,  demand,  and  infift  up- 
on all  and  fingular  the  premifes,   as  their  un- 
doubted rights  and  liberties ;  and  that  no  de-. 
clarations,   judgment j»,  doings,   or  proceed- 
ings, to  the  prejudice  of  the  people  m  any  of 
the  faid  premifes,  ought   in  any  wife  to  be 
drawn  hereafter  into  confequence  or  example: 
To  which  demand  of  their  rights  they  are 
particularly  encouraged  by  the  declaration  of 
his  Highnefs  the  Prince  of  Orange,  as  being 
the  only  means  for  obtaining  a  full  redrefs  and 
remedy  therein—— 

Having  therefore  an  entire  confidence,  that 
his  faid  Highnefs  the  Prince  of  Orange,  will 
perfed:  the  deliverance  fo  far  advanced  byhimj^ 

•  an4 


Jill''" 


I   ! 


-^!li 


I'll' ': 


'I'll' 


(     3°     ) 
and  will  fini  preferve  them  from  the  violation 

of  their  rights,  which  they  have  here  aiTerted,  ■ 

and  from  all  other  attempts  upon  their  reli* 

gion,  rights  and  liberties. 

II.  The  faid  Lords  fpiritual  and  temporal, 
and  commons  aflembled  at  Weftminfter,  do 
refolve  that  Wtliiam  and  Mary  Prince  and 
Princefs  of  Orange  he,  and  be  declared.  King 
and  f^ueen  of  England,  France  and  Ireland, 
and  the  dominions  thereunto  belonging,  to 
hold  the  crown  and  royal  dignity  of  the  faid 
kingdoms  and  dominions  to  them  the  faid 
Prince  and  Princefs,  during  then*  lives,  and 
the  life  of  the  furvivor  of  them  ;  and  that  the 
fole  and  full  exercife  of  the  regal  power  be 
only  in,  and  executed  by  the  faid  Prince  of 
Orange,  in  the  names  of  the  faid  Prince  and 
Princefs,  during  their  joint  lives  -,  and  after 
their  deceafes,  the  faid  crown  and  royal  dignity 
of  the  faid  kingdoms  and  dommions  to  be  to . 
the  heirs  of  the  body  of  the  faid  Princefs ;  and 
for  default  of  fuch  ilTue,  to  the  Princefs  Anne 
of  Denmark,  and  the  heirs  of  her  body ;  and 
for  default  of  fuch  iffue,  to  the  heirs  of  the 
body  of  the  faid  Prince  of  Orange.  And  the 
Lords  fpiritual  and  temporal,  and  commons, 
do  pray  the  faid  Prince  and  Princefs  to  ac^ 
cept  the  fame  accordingly, 

IV".  Upon  which  their  faid  Majefties  did  ac- 
cept the  crown  and  royal  dignity  of  the  king- 
dom of  England,  France  and  Ireland,  and 
the  dominions  thereunto  belonging,  accord- 
ing t    the  refolutions  and  defire  of  the  faid 

lords 


.ri.^li 


Litioii 
'erted, 
r  reli* 

poral, 

er,  do 

e  and 

King 

eland, 

ig,  to 

le  faid 

e   iaid 

5,  and 

lat  the 

ver  be 

nee  of 

:e  and 

i  after 

ignity 

be  to. 

j  and 

Anne 

;  and 

If  the 

d  the 

|nons, 

ac- 


(    3'     ) 

lords  and  commons,  contained  in  the  faid  de*- 
claratlon. 

V.  And  thereupon  their  Majefties  were 
pleafed,  that  the  laid  lords  fpiriiual  and  temporal, 
and  commons,  being  the  two  houfes  of  Par- 
liament, fhould  continue  to  fit,  and  with 
their  Maj^fties  royal  concurrence,  make  ef- 
fedtual  provifion  for  the  fettlement  of  the 
religion^  laws  and  liberties  of  this  Kingdom  ; 
fo  that  the  liune  for  the  future  might  not  be 
'in  danger  again  of  being  fubverted  j  to  which 

the  faid  lords  fpiritual  and  temporal,  and  com- 
mons did  agree  and  proceed  to  adl  accord- 
ingly. 

VI,  Now  in  purfuance  of  ihe  premifes,  the 
faid  lords  fpiritual  and  temporal  and  com- 
mons, in  parliament  affembled,  for  the  rati- 
fying, confirming  and  eftablifhing  the  faid 
declaration,  and  the  articles,  claiifes,  matters 
and  things  therein  contained,  by  the  force  of 
a  law  made  in  due  form  by  authority  of  par- 
liament, do  pray  that  it  may  be  declared  and 
enadled.  That  all  and  fingular  the  rights  and 
liberties  aflerted  and  claimed  in  the  faid  de- 
claration, are  the  true,  ancient  and  indubi- 
table rights  and  liberties  of  the  People  of  this 
kingdom,  and  fo  {hall  be  efteemed,  alluwcd, 
adjudged,  deemed,  and  taken  to  be  ;  and^ 
that  all  and  every  the  particulars  atoreiaid, 
(hall  be  firmly  and  flridly  holden  and  ob- 
ferved,  as  they  are  exprefled  iw  the  faid  de- 
claration J  and  all  officers  and  minifters  whar- 
foever    fliall    ferve   their   MajelUcs  and  their 

luc- 


li 


I'  f- 


Mi 


:'    illi 

i!  :  I 

m 


I!  ' 


i\K 


m 


1  i 


'M 


i'll 

M  'i'l  I 


X   32   ) 

fucceflbrs  according  to  the  fame  in  all  times  to 
come. 

''  XI.  All  which  their  Majefties  are  contented 
and  pleafed  (hall  be  declared,  enad^ed,  and 
eftablilhed  by  authority  of  this  prefent  parlia- 
ment, and  (hall  ftand,  remain,  and  be  the 
law  gf  this  realm  for  ever  ;  and  the  fame  are 
by  their  faid  Majeflics,  by  and  with  the  ad- 
vice and  confent  of  the  lords  fpiritual  and  tem- 
poral, and  commons,  in  parliament  aflembled, 
and  by  the  authority  of  the  fame,  declared, 
enacfled,  and  eftablifhed  accordingly. 

XII.  And  be  it  further  declared  and  enadled 
by  the  authority  aforefaid,  that  from  and  after 
this  prefent  feffion  of  parliament,  no  difpen- 
fation  by  non  objiante  of  or  to  any  ftatute  or 
any  part  thereof,  (hall  be  allowed  j  but  that 
the  fame  (hall  be  held  void  and  of  no  cfFecft, 
except  a  difpenfation  be  allowed  in  fuch  fta- 
tutes,  and  except  in  fuch  cafes  as  (hall  be  fpe- 
ciiilly  provided  for  by  one  or  more  bill  or  bills 
to  be  pafl'ed  during  this  prefent  fe(fion  of  par- 
liament. 

12  &  13  q{  William  III.  chap.  2.  fee.  3  &  4. 
-  **  Whereas  it  is  nece(rary  that  further  pro- 
vifion  be  made  for  fecuring  our  religion,  laws 
and  liberties,  after  the  death  of  his  Majefty 
and  the  Princefs  Anne  of  Denmark,  and  in 
default  of  iiTue  of  the  body  of  the  faid  Prin- 
cefs, and  of  his  Majefty  refpe<ftively  ;  it  is 
enadted, 

That  after   the  faid  limitation  (hall   take 
cffed,   judges  commiiTions   be  made  quam* 

diu 


times  to 

Dntented 
ed,  and 
It  parlia- 

be  the 
ame    are 

the  ad- 
ind  tem- 
rembled, 
declared, 

I  enadled 
and  after 
>  difpen- 
latute  or 
but  that 

0  cffecft, 
fuch  fta- 

1  be  fpe- 
lor  bills 

of  par- 

3&4. 
ler  pro- 
m,  laws 
Majefty 

and  in 
lid  Prin- 

;  it  is 

ill   take 
diu 


fi 


(  33  ) 

diu  fe  bene  geffertnt^  and  their  falaries  afcer- 
tained  and  eftablifhed  j  but  upon  the  addrefs 
of  both  houfes  of  parliament,  it  may  be  law- 
ful to  remove  them  ;  . 

That  no  pardon  under  the  great  feal  of  Eng- 
land be  pleaded  to  an  impeachment  by  the 
commons  in  parliament. 

Whereas  the  laws  of  England  are  the  birth- 
right of  the  people  thereof,  and  all  the  Kings 
and  Queens,  who  fliall  afcend  the  throne  of 
this  realm,  ought  to  adminifter  the  govern- 
ment of  the  fame  according  to  the  faid  laws, 
and  all  their  officers  and  minifters  ought  to 
ferve  them  according  to  the  fame ;  all  the 
laws  and  ftatutes  of  this  realm  for  fecuring 
the  eftabliflied  religion,  and  the  rights  and 
liberties  of  the  people,  and  all  other  laws  and 
ftatutes  now  in  force,  arelDy  his  majefty,  uiih 
the  advice  and  confent  of  the  lords  fplritual 
and  temporal,  and  commons,  ratified  and  con^ 
firmed." 

I  (hall  clofc  this  introdudlion  with  a  pail'age 
from  Mr.  Locke. 

"  Though,  fays  he,  in  a  conftltuted  com- 
mon-wealth, ftanding  upon  its  own  bafis,  and 
adting  according  to  its  own  nature,  that  is, 
acting  for  the  prefervation  of  the  community, 
there  can  be  but  one  fupreme  power  which  is 
the  legiflativc,  to  which  all  the  reft  are  and 
muft  be  fubordinate  j  yet  the  legiilative  being 
only  a  fiduciary  power,  to  a(ft  for  certain  ends, 
J  there  remains  ftill,  "  in  the  people^  a  fupretwi 
Ipower  to  I'cmove^  or  alter ^  the  iegijlative  liohen 

F  they 


m 


t:  .1 


» 


:;ir! 


f 

I'm 

m 


(  34  ) 

they  find  the  legifiative  aB  contrary  to  the  trufli 
repofed  in  them."     For  all  power  given,  with 
truft  for  the  attaining  an  end,  being   limited 
by  that  end,  whenever  that  end  is  maniftftly 
negkded,  or  oppofed,  the  truft  muft  necef- 
farily  he  forfeited,  and  the  power  devolve  in- 
to the  hands  of  thofe  v.  hj  gave  it,   who  may 
place  it  anew  where  ihey  (hail  tvS  uk  bt:ft,  for 
their  fafety  and  fecurity.     And  tb'ib  the  com' 
munity  perpetually  retains  a  fiipreme  powr.r  of 
faving  tlTL'Tifelves  from  the  atterp.pts  and  dc- 
iigns  of  any  body,  even  of  their  legiflators 
whenever  they  dial'  be  fo  foolitb,  or  il-  wick- 
ed,  as  to  lay  and  carry  on  defigns  againft  the 
liberties  and  propeniti*  oj-  the  fubjcdl.     For  no 
man,  or   focie^y  of  men,  having  a  power  to 
deliver  up  their  prefervation,  or  confequently 
the  means  of  it,  to  the  abfolute  will  and  arbi- 
trary dominion   of  another  ;    whenever   any 
one  (hall  go  about  to  bring  them  into  fuch  a 
flavi(h  condition,  they  will  always  have  right 
to  prefcrve   what  they  have  not  a  power   to 
part  with  ;   and  to  rid  themfelves  of  thofe  %vho 
invade  this  fundamental,  facred  and  unaltera- 
ble law  offelf-prefervation,  for  which  they  en- 
tered into  the  fociety. 

And  thus  the  community  may  be  faid  in 
this  refpedl  to  be  -always  the  fupreme  power, 
but  not  as  confidered  under  any  form  of  go- 
vernment, becaufe  this  power  of  the  people, 
can  never  take  place,  till  the  government  be 
diOblved."  Lotkc  en  Government,  B.  ii. 
C.  13. 

This 


'■e  truft 
,  with 
imited 
lifcftly 
necef- 
Ive  in- 
o  may 
.a,  for 

Wr  r  of 
nd  de- 
;iflators 
wick- 
nfl  the 
For  no 
wer  to 
[uently 
d  arbi- 
r   any 
uch  a 
right 
'er   to 
v/J»o 
laltera- 
cy  en- 
laid  in 
ower, 
f  go- 
eople, 
nt  be 
.   II. 

This 


(  35  ) 
:  This  he  fays  may  be  done,  "  from  without 
by  conqticftj  from  within,  ift.  When  the  le- 
giflative  is  ahered.  Which  is  often  by  the 
prince,  but  foinetimes  by  the  whole  legifla- 
tive.  As  by  invading  iht property  of  the  fub- 
jed,  and  making  themfelves  arbitrary  difpo- 
fers  of  ihe  lives,  liberties  and  fortunes  of  the 
people  J  reducing  them  to  Ikvery  under  arbi- 
trary power,  they  put  themfelves  uitHcr  a  (late 
of  war  with  the  people,  who  are  thereupon 
abfolved  from  any  further  obedience,  and  are 
left  to  the  common  refuge  wliich  God  hath 
provided  for  all  men,  againft  force  and  vio- 
lence. Whenfoever  therefore,  the  lepiflative 
ftiall  tranfgrefs  this  fundamental  rule  of  focie- 
ty  J  and  either  by  ambition,  fear,  folly  or 
corruption,  endeavour  to  gain  themfelves,  or 
put  into  the  hands  of  any  other  an  abfolute 
power  over  the  lives,  liberties  and  eftates  of 
the  people,  by  this  breach  of  truft,  they  for- 
feit the  power  the  people  had  put  into  their 
hands  for  quite  contrary  ends,  and  it  devolves 
to  the  people,  who  has  a  right  to  rejume  their 
original  liberty,  and  by  the  eflablifhment  of  a 
new  legiflative  (fuch  as  they  fliall  think  fit) 
provide  for  their  own  fafety  and  fccurlty, 
which  is  the  end  for  which  thty  are  in  focie- 


ty- 


'» 


Idem,  Chap.  9. 
Of  Colonics  in  general. 


i 


"^HIS  fahjeifl:  has  never  been  very  clear- 
ly and  fully   handled   by   any  m- dei  n 
F  2  vviiier, 


(  36  ) 

writer,  that  I  have  had  the  good  fortune  to 
meet  with  j  and  to  do  it  juftice,  would  requite 
much  greater  abilities  than  I  pretend  to,  and 
more  leifure  than  I  ever  expedl  will  fall  to  my 
fliarc.  Even  the  EngllJJj  writers  and  lawyers, 
have  either  intirely  waved  any  confideration  of 
the  nature  of  Colonies^  or  very  lightly  touched 
upon  it,  for  the  people  of  England  never  dif- 
covered  much  concern  for  the  profperity  of 
the  Colonies,  till  the  revolution  j  and  even  now 
fome  of  their  great  men  and  writers,  by  their 
difcourfes  of,  and  condudl  towards  them,  con- 
fider  them  all  rather  as  a  parcel  oi little  infig^ 
nijicant  conquered  ijlundsy  than  as  a  very  ex- 
tcnfive  fettl'jment  on  the  continent.  Even 
their  law-books  and  very  didionaries  of  law, 
in  editions  fo  hte  as  1750,  fpeak  of  the  Br/- 
lijb  plantations  abroad  as  confiding  chiefly  of 
illands  J  and  they  are  reckoned  up  in  fome  of 
them  in  tliis  order — ^Jawaica^  BarbadoeSj  Fir- 
gi/jitr,  Maryhmdy  JNiiv-Eiigland,  New-Torky 
Carolina,  Brrmudas.  At  the  head  of  all  thefe 
Ijhnds  (for  there  is  no  diflind:ion  made)itands 
"■famaica,  in  truth  a  conquered  ifland  ;  and  as 
luch,  this  and  all  the  oiher  Utile  Weft-India 
ifl.mds  delerve  to  be  treated,  for  the  conduct 
of  their  inhnbiiants  and  proprietors  with  re- 
?»ard  to  the  Northern  Colonies:  divers  of  thefe 
coloiiiwS  are  larger  than  all  thofe  iflands  toge- 
ther i  and  are  vvtll  fettled,  not  as  the  com- 
mon people  of  England  fooliflily  imagine, 
with  acotr.pound  mongrel  mixture  of  Englijli, 
Indian  and  Negro ^  but  with  freeborn  Britijh 

white 


re- 
hefe 
)ge- 

jine, 
//>, 
hljh 
\hite 


(  37  ) 

white  fubjedls,  whofe  loyalty  has  never  yet 
been  fulpedtcd. 

There  is  a  man  now  living,  or  but  lately 
dead,  who  once  was  a  fecretary  of  ftate;  dur- 
ing whofe  wonderful  condudt  of  national  af- 
fairs, without  knowing  whether  'Jamaica  lay 
in  the  Mediterranean,  the  Baltic,  or  in  the 
Moon,  letters  were  often  received,  direded  to 
the  Governor  of  the  ijland  of  New-England. 
Which  ijland  of  New-England  is  a  part  of 
the  continent  of  North-America,  comprehend- 
ing two  provinces  and  two  colonies;  and  ac- 
cording to  the  undoubted  bounds  of  their  char- 
ters, containing  more  land  than  there  is  in 
the  three  kingdoms.  But  I  mufl:  confine  my- 
felf  to  matters  of  more  importance  than  de- 
tedling  the  geographical  blunders,  or  refuting 
the  errors  of  dead,  luperannuated  orotherwife 
Aupified  fecretaries  of  flate,  who  are  now  all 
out  of  place. 

If  I  were  to  dehne  iHl  mrJern  Coloniils,  I 
fhould  fay,  th-y  are  the  nohle  difcoierers  and 
fcttlers  of  a  neiv  world -y  from  whence,  as  from 
an  endlefs  fourcs,  wealth  and  plc?it\\  the  means 
o^^ power y  grandeur  and  glory ,  in  a  degree  un- 
known to  the  hungry  chiefs  of  former  ages, 
have  been  powering  into  Europe  for  -^oo  years 
paft :  in  return  for  which,  thofe  Cclonilis 
have  received  from  the  feveral  ftatcs  of  Europe^ 
except  from  Great-Britciinj  only  f.nce  the  re- 
volution, nothing  but  iil-ufage,  flavcry  and 
chains,  as  fa(t  as  the  riches  oi  their  own  earn- 
ing cculd  furniih  the  means  of  forging  them. 

A 


t, 


(38)       ' 

'  A  plantation  or  colony,  is  a  fettlement  of 
fubjedts  in  a  territory  disjointed  or  remote  front 
the  mother  country,  and  may  be  made  by 
private  adventurers  or  the  public;  but  in  both 
cafes  the  Colonifts  are  intitled  to  as  ample 
rights,  liberties  and  privileges  as  the  fubjedis 
of  the  mother  country  are,  and  in  fome  re- 
fpedts  to  more, 

'^  '    Of  the  natural  Rights  of  Colonifts, 

THOSE  who  expert  to  llnd  any  thing 
very  fatisfadlory  on  this  fubjet^  in  par- 
ticular, or  with  regard  to  the  law  of  nature  in 
general,  in  the  writings  of  fuch  authors  as 
Grotius  and  Pufindcrfy  will  find  themfelvcs 
much  miftaken.  It  is  their  conftant  pradice 
to  eftablifh  the  matter  of  right  on  the  matter 
oifaB:  This  the  celebrated  Rouffeau  exprcfly 
fays  of  GroiiuSy  and  with  the  fame  reafon  he 
might  have  added  an  hundred  others.  "  The 
learned  refearches  into  the  laws  of  nature  and 
nations  are  often  nothmg  more  than  the  hif- 
tory  of  ancient  abufes,  fo  that  it  is  a  ridiculous 
infatuation  to  be  too  fond  of  ftudymg  them.**' 
*•  This  was  exactly  the  cafe  with  Grotim,'Y* 
The  fentiments  on  this  fubjeft  have  therefore 
been  chiefly  drawn  from  the  purer  fountains 
of  one  or  two  of  our  Engli/Jj  writers,  particular- 
ly from  Mr.  Lockey  to  whom  might  be  added 
a  few  of  other  nations;  for  I  have  feen  but  a 
few  of  any  country,  and  of  aU  I  have  feen, 

there 

♦  Maiquis  D'A.        t  Rouffeau* 


*>» 


♦» 


letore 
itains 
ul?r- 
Idded 
>ut  a 
|fcen, 
there 


(39) 

there  are  not  ten   worth  reading.     Grotius, 
B.  3.  C.  I.  fee.  21.   difcourfing  of  confede- 
rates on  unequal  terms,  according  to  his  man- 
ner,  fays,    "  to  the   inequality    in   queftion 
may  be  referred  fome  of  thofe  rights  which 
are  now  called  right  of  protedlion,   right  of 
patronage,  and  a  right  termed  miindiburgium  j 
as  alfo  that  which  mother  cities  had  over  their 
colonies  among  ihe  Grecians.     For  as  Thucy" 
dides   fays,  thofe  colonies   enjoyed  the  fame 
rights  of  liberty  with  the  other  cities,  but  they 
owed  a  r^veretice  to  the  city  whence  they  de- 
rived their  origin,  and  were  obliged  to  render 
her  refpeC^  and  certain  expreflions  of  honour, 
Jo  long  as  the  colony  was  well  treated,'* 

Grotius  de  jure  belli,  &c.  B.  i.  C.  3.  21. 
**  Hitherto  alfo  (fays  he)  may  be  referred 
that  feparation  v/hich  is  made  when  people 
iy  one  confent.  go  to  form  colonies,  ton  t/iis 
is  the  original  of  a  new  and  independent  Jlate. 
^hey  are  not  content  to  be  Jlaves^  but  to  enjoy 
equal  privileges  and  freedom,  fays  Thucydides, 
And  King  ^uilitis,  in  Dion.  Hali.  fays,  we  look 
upon  it  to  be  neither  truth  nor  jujliccy  that  mo- 
ther cities  ought  of  necejjity  and  by  the  law  of 
nature  to  rule  over  their  colonies,'* 

B.  2.  C.  9.  fee.  10. 
*'  Colonies,  f£.ys  Pufendorf,  are  fettled  in 
different  methods.  For  either  the  colony  con- 
tinues a  part  of  the  common-wealth  it  was 
fent  out  from,  or  elfe  is  obliged  to  pay  a  du- 
tiful relped  to  the  mother  common-wealth, 
and  to  be  in  readinefs  to  defend  and  vindicate 

its 


II 


* 


;  ,',i'i 


ii!l' 


■      (  40  ) 

its  honour,  and  fo  is  united  to  it  by  a  fort  of 
on;;qual  confederacy;  or  laftly,  is  eredled  into 

fc^parate  comipon- wealth,  and  affumes  ihp 
fame  rights  with  the  Hate  it  is  defcended 
from."—— Pufend.  B.  8.  C.  ii.  6. 

"  Different  common-wealths  may  be  form- 
ed out  of  one  by  common  confent,  by  icnding 
out  colonies  in  the  manner  ufual  in  old  Greece, 
For  the  Romans  afterwards,  when  they  fent 
a  colony  abroad,  continued  it  under  the  jurif- 
didtion  of  the  mother  common- wealth,  or 
greater  country.  But  the  colpnies  planted  by 
the  Greeks,  and  after  their  method,  confti- 
tuted  particular  common-wealths,  whi.h  le 
obliged  only  to  pay  a  kind  of  defereiMxi  tuid 
dutiful  fubmiflion  to  the  mother  common- 
wealth."  Pufend.  B.  8  C.  12.  Ice  5. 

From  which  pafTages  it  is  maniieft  that 
thefe  two  great  men  only  ftate  fads,  and  the 
opinions  of  others,  without  giving  their  own 
upon  the  fuhjtd:  And  all  that  can  be  col- 
ledled  from  thofe  fads  or  opinions,  is,  that 
Greece  was  more  generous,  and  a  better  mo- 
ther to  her  colonies  than  Rome.  The  condud 
of  Rome  towards  her  colonies,  and  the  cor- 
ruptions and  o^preflions  tolerated  in  her  pro- 
vincial oflicers  of  all  denominations,  was  one 
great  caufe  of  the  downfall  of  that  proud  re- 
public. 

Dr.  Strahan  fays,  "  there  is  a  great  affinity 
betw?;en  the  Briiifli  colonies  and  thofe  of  the 
Spaniards  and  other  nations,  who  have  made 
lettlements  among  the  Indians  in  thofe  parts : 

For 


■V 


(  41  ) 

For  the  grants  made  by  our  Kings  of  tradts.of 
lands  in  that  country,  for  the  planting  of  co- 
lonies, and  making  fettlements  therein,  appear 
to  have  been  made  in  imitation  of  grants  made 
by  the  Kings  of  Spain  to  the  proprietors  of 
lands  in  the  Spanish  colonies,  upon  the  very 
fame  conditions,  and  in  conlideration  of  the 
fame  fcrvices  to  be  performed  by  the  grantees. 
So  that  the  government  of  the  Spanish  colonies 
and  the  rights  of  the  proprietors  of  lands 
therein,  depending  chiefly  on  the  rules  of  civil 
and  feudal  law,  as  may  be  feen  by  the  learned 
treatife  of  Solorzanus,  de  indiarum  jure,  the 
knowledge  of  the  fame  laws  muft  be  of  fervice 
likewife  for  determining  any  controverfy  that 
may  arife  touching  the  duties  or  forfeitures  of 
the  proprietors  of  lands  in  our  Englifli  colo- 
nies.  ^Prcf.  to  tranflat.  of  Domat.        ^    - 

With  fubmiffion  to  fo  great  an  authority  as 
Dr.  Strahan,  it  is  humbly  hoped  that  the  Bri- 
tifh  colonics  do  not  hold  their  lands  as  well 
as  liberties  by  fo  flippery  a  tenure  as  do  the 
Spaniards  and  French.  The  will  of  the  Prince 
is  the  only  tenure  by  which  they  hold ;  and 
the  government  of  the  Spanifh  and  French 
fettle ments  is  in  every  refped  defpotic.     . 

It  is  well  known  that  the  firft  Amerkari 
grants  were  by  the  Bulls  of  the  Popes.  The 
Roman  Pontiffs  had  for  ages  ufurped  the  moft 
abominable  power  over  princes :  They  granted 
away  the  kingdoms  of  the  earth  with  as  little 
ceremony  as  a  man  would  leafe  a  iheep-cot. 
Now  according  to  Dr.  Strahan's  logic,  it  may 
be  inferred,  that  the  canon  law  and  the  Popes 

G  Bulls, 


If 


1^1 


Ih'  '';::; 


(  40 
Bulls,  mud  be  oifervice  likewife,  for  determin- 
ing a):y  controverjy  that  may  arife^  touching  the 
duties  or  forfeitures  of  the  proprietors  of  lands  in 
the  Britijh  colonies.  And  indeed  it  niuft  be 
owned,  if  wc  were  to  judge  of  fome  1  .te  pro- 
ceedings* by  this  rule,  we  muft  allow  that 
they  favour  more  of  modern  Rome  and  the  In- 
quifition,  than  of  the  common  law  of  England 
and  the  conftitution  of  Great-Britain. 

In  order  to  form  an  idea  of  the  natural 
rights  of  the  Colonifts,  I  prefume  it  will  be 
p-^^nted  that  they  are  men,  the  common  chil- 
li, of  the  fame  Creator  with  their  brethren 
of  Great-Britain.  Nature  has  placed  all  fuch 
in  a  ftate  of  equality  and  perfedl  freedom,  to 
a(5t  within  the  bounds  of  the  laws  of  nature 
and  reafon,  without  confulting  the  will  or  re* 
garding  the  humour,  the  paffions  or  whims  of 
any  other  mart,  unlefs  they  are  formed  into  a 
fociety  or  body  politic.  This  it  muft  be  con* 
feffed  is  rather  an  abftradt  way  of  confidering 
men  than  agreeable  to  the  real  and  general 
courfe  of  nature.  The  truth  is,  as  has  been 
fhewn,  men  came  into  the  world  and  into  fo- 
ciety at  the  fame  inftanc.  But  this  hinders  not 
but  that  the  natural  and  original  rights  of  each 
individual  may  be  illuftrated  and  explained  in 
this  way  better  than  in  any  other.  Wc  fee 
here  by  the  way  a  probability,  that  this  ab- 
ftradt  eonfideration  of  men,  which  has  its 
ufe  in  reafoning  On  the  principles  of  govern- 
knent,  has  infenfibly  led  fome  of  the  greateft 

men 

*  Oi  fome  American  Courts  of  Admiralty,  if  the  Readsr 
pleafes. 


leader 


(  43  ) 

men   to  imagine,  fome  real  general  ftate  of 
nature,    agreeable  to  this  abftradt  conception, 
antecedent  to  and  independent  of  fociety.  This 
is  certainly  not  the  cafe  in  general,  for  moft 
men  become  members  of  fociety  from  their 
birth,  though  feparate  independent  ftates  are 
really  in  the  condition  of  perfect  freedom  and 
equality  with  regard  to  each  other  j  and  fo 
are  any  number  of  individuals  who  feparate 
themfeives  from  a  fociety  of  which  they  have 
formerly  been  members,  for  ill  treatment,  or 
other  good  caufe,  with  exprefs  defign  to  found 
another.     If  in  fuch  cafe,  there  is  a  real  in- 
terval,   between  the  feparation  and  the  new 
conjundion,  during  fuch  interval,  the  indi- 
viduals are  as  much  detached,  and  under  the 
law  of  nature  only,   as  would  be  two  men 
vv^ho  (hould  chance  to  meet  on  a  defolate  ifland. 
The  Colonifts  are  by  the  law  of  nature  free 
born,   as  indeed  all  mpn  are,  white  or  black. 
No  better  reafons  can  be  given,   for  enflaving 
ihofe  of  any  colour,  than  fuch  as  baron  Mon- 
tefquieu  has  humouroufly  given,  as  the  foun- 
dation of  that  cruel  flavery  exercifed  over  the 
poor  Ethiopians  j  which  threatens  one  day  to 
reduce  both  Europe  and  America  to  the  igno- 
rance and  barbarity  of  the  darkeft  ages.  Does 
it  follow  that  it  is  right  to  enflavc  a  man  be- 
caufe  he  is  black  ?  Will  (hort  curled  hair,  like 
wool,  inflead  of  Chriflian  hair,  as  it  is  called 
by  thofe  whofe  hearts  are  as  hard  as  the  ne- 
ther millftone,  help  the  argument?  Can  any 
logical  inference  in  favour  of  flavery,  be  drawn 
from  a  flat  nofe,  a  long  or  a  fhort  face  ?  No- 

Q  2  thing 


i: ' 


Hi 


lit 

w 

.  ;  if     ! 


I:, 


(  44  ) 
thing  better  can  be  faid  in  favour  of  a  trade. 
that  is  the  moft  (hocking  violation  of  the  law 
of  nature,  has  a  diredl  tendency  to  diminilh 
the  idea  of  the  ineftimable  value  of  liberty, 
and  makes  every  dealer  in  it  a  tyrant,    from 
the  dirtdtor  of  an  African  company  to  the  pet- 
ty chapman  in  needles  and  pins  on  the  un- 
happy coaft.     Jt  is   a  clear  truth,   that  thofe 
who  every  day  barter  away  other  mens  liber- 
ty, will  foon   care   little  for  their  own.     Tq 
this  caufe  muft  be  imputed  that  ferofity,  cr^i- 
elty,  and  brutal  barbarity  that  has  long  mark- 
ed the  general  charader  of  the  fugar-illanders,  • 
They  can  in  general  forp*  no  idea  of  govern-' 
roent  but  that  which  in  p    *bn,  or  by  an  over- 
feer,  the  joint  and  feveral  proper  reprefentative^ 
of  a   Creole*,    and  of  the  D— ^1,   is  exercifcd 
over  ten  thoafands  of  their  fellow  men,  born 
with  the  fame  right  to  freedom,  and  the  fwcet . 
enjoyments  of  liberty  and  life,    as  their  unre- 
lenting tafk-mafiers,  the  overfeers  and  planters. 
-  Is  it  to  be  wondered  at,  if,  when  people  of 
the  rtamp  of  a  Creolian  planter  get  into  power, 
they  will  not  flick  for  a  little  prefent  gain,    at 
making  their  own   pofterity,  white  as  well  as 
black,  worfe  flaves  if  poflible  than  thofe  al- 
ready mentioned. 

There  is  nothing  more  evident,  fays  Mr. 
Locke,  than  *^  that  creatures  of  the  fame  fpe- 


t 


■'n\'- 


cies 


*  Thofe  iR  England  wlio  borrow  the  terms  of  the  Spaniai'ds, 
as  \ye\l  as  theirnotions  of  government,  apply  this  term  to  all 
A piericaBs  of  European  Rxtrafl;  but  the  Northern  colonifts 
apply  k  only  to  thelflandcis  and  others  of  fuch  extraft,  «fider 
the  Tpr/id  Zone.  .    • 


t    ,  (1 


at 

as 
al- 


(  45  ) 
cics  and  rank,   promifcuoufly  born  to  all  tha 
fame  advantages  of  nature  and  the  ufe  of  the 
fame  faculties,  fliould  alfo  be  equal  one  among 
another,  without  fubordination  and  fubjed:ion, 
unlefs  the  iiiafter  of  thenj  all  fhould  by  any 
manifeft  declaration  of  his  will  fet  one  above 
another,  and  confer  on  him,  by  an  evident 
and  clear  appointment,  an  undoubted  right  to 
dominion  and  fovereignty."     '*  The  natural 
liberty  of  man  is  to  be  free  from  any  fuperior 
power  on  earth,  and  not  to  be  under  the  will 
or  legiflative  authority  of  man,  but  only  to 
have  the  law  of  nature  for  his  rule."     This 
is  the  liberty  of  independent  ftates  j  this  is  the 
liberty  of  every  man  out  of  fociety,  and  who 
has  a  mind  to  live  fo  ;  which  liberty  is  only 
abridged  in  certain  inflances,  not  lofl  to  thofe 
who  are  born  in  or  voluntarily  enter  into  fo- 
ciety ',  this  gift  of  God  cannot  be  annihilated. 
,  The  Colonifts  being  men,  have  a  right  to 
be  confidered  as   equally  entitled  to  all  the 
rights  of  nature  with  the  Europeans,  and  they 
are  not  to  be  reftrained,  in  the  exercife  of  any 
of  thefe  rights,  but  for  the  evident  good  of  the 
whole  community.    .   ,  v 

By  being  or  becoming  members  of  fociety, 
they  have  not  renounced  their  natural  liberty 
in  any  greater  degree  than  other  good  citizens, 
and  if  it  is  taken  from  them  without  their 
cpnfent  they  are  fo  far  inflaved. 

,  They  have  an  undoubted  right  to  expecft, 
that  their  beft  good  will  ever  be  confulted  by 
their  rulers,  fupreme  and  fubordinate,  with- 
out any  partial  views  confined  to  the  particular 


Ji^fK 


'        r 


;:• 


(  46  )  • 
intcreft  of  one  ifland  or  another.  Neither  the 
riches  of  Jamaica,  nor  the  luxury  of  a  metro- 
polis, fhould  ever  have  weight  enough  to  break 
the  balance  of  truth  and  juftice.  Truth  and 
faith  belong  to  men  as  men,  from  men,  and 
if  they  are  difappoinled  in  their  juft  expecta- 
tions of  them  in  one  fociety,  they  will  at  leaft 
wifli  for  them  in  another.  If  the  love  of  truth 
and  juftice,  the  only  fpring  of  found  policy  in 
any  ftate,  is  not  ftrong  enough  to  prevent  cer- 
tain caufes  from  taking  place,  the  arts  of  fraud 
and  force  will  not  prevent  the  moft  fatal 
effedls.         r 

In  the  long  run,  thofe  who  fall  on  arbitrary 
meafures,  will  meet  with  their  deferved  fate. 
The  law  of  nature  was  not  of  man's  making, 
i)or  is  it  in  his  power  to  mend  it,  or  alter  its 
couife.  He  can  only  perform  and  keep,  or 
difobey  and  break  it.  The  laft  is  never  done 
with  impunity,  even  in  this  life,  if  it  is  any 
punifhment  for  a  man  to  feel  hi mfelf  depraved ; 
to  find  himfclf  degraded  by  his  own  folly  and 
wickednefs  from  the  rank  of  a  virtuous  and 
good  man,  to  that  of  a  brute ;  or  to  be  tranf- 
formed  from  the  friend,  perhaps  father  of  his 
country,  to  a  devouring  Lyon  or  Tyger. 

The  unhappy  revolutions  which  for  ages 
have  diftrefled  the  human  race,  have  been  all 
owing  to  the  want  of  a  little  wifdom,  com- 
mon fenfe  and  integrity,  in  the  adminiftration 
of  thofe,  whom  by  their  ftations  God  had  in 
kifidnefs  to  the  world,  rendered  able  to  do  a 
great  deal,  for  the  benefit  of  mankind,  with 

•;•";.•        •'  '  li^     -  f  •■    ■  •  ■  •  ■  .    .     the' 


^   f 


(  47 


lall 


the  exertion  of  a  fmall  portion  of  private  aha 
public  virtue. 

Of  the  Political  and  Civil  Rights  of  the  Bri- 

tifli  Colonijis, 


H 


ERE  indeed 


opens  to  view  a  large  field  i 


but  I  maft  ftudy  brevity — Few  people 
have  extended  their  enquiry  after  the  founda- 
tion of  any  r^rheir  rights,beyond  a  charter  from 
the  crown.  Thee  are  others  who  think  when 
they  have  got  back  to  old  Magna  Chart  a,  that 
they  are  at  the  beginning  of  all  things.  They 
imagine  themfelves  on  the  borders  of  Chaos 
(and  fo  indeed  in  fome  rcfpefts  they  are)  and 
fee  creation  rifing  out  of  the  unformed  mafs, 
or  from  nothing.  Hence,  fay  they,  fpring  all 
the  rights  of  men  and  of  citizens. But  li- 
berty was  better  underftood,  and  more  fully 
enjoyed  by  our  anceftors,  before  the  coming 
in  of  the  firft  Norman  Tyrants,  than  ever  af- 
ter, till  it  was  found  neceffary,  for  the  falva- 
tion  of  the  kingdom,  to  combat  the  arbitrary 
and  wicked  proceedings  of  the  Stuarts. 

The  prefent  happy  and  moft  righteous  cfta- 
blifliment  is  jaftly  built  on  the  ruins,  which 
thofe  Princes  brought  on  their  family ;  and 
two  of  them  on  their  own  heads — The  laft  of 
the  name  facrificed  three  of  the  fineft  king- 
doms in  Europe,  to  the  councils  of  bigotted 
old  women,  priefts,  and  more  weak  and 
wicked  minifters  of  ftate  ;  he  afterward  went 
a  grazing  in  the  fields  of  St.  Germains,  and 
there  died  in  dif^race  and  poverty,  a  terrible 

example 


!f 


".11 


»■!■! 


i 
ii 

I 


{48  ) 

example  of  God's    vengeance    on   arbitrary 


princes 


I 


-'■n:' 


The  delivrance  under  God  wrought  by  the 
prince  of  Orange,  afterwards  defervedly  made 
King  William  III.  was  as  joyful  an  event  to 
the  colonies  as  to  Great -Britain  j  in  fome  of 
them,  fteps  were  taken  in  his  favour  as  foon 
as  in  England. 

They  all  immediately  acknowledged  King 
William  and  Queen  Mary  as  their  lawful  So- 
vereign. And  fuch  has  been  the  aieal  and  loy- 
alty of  the  colonies  ever  lince  for  that  cfta- 
blKhment,  and  for  the  proteftant  fucceflion  in 
his  prefent  Majefty*s  illuftrious  family,  that  I 
believe  there  is  not  one  man  in  an  hundred 
(except  in  Canada)  who  does  tiot  think  him- 
lelf  under  the  beft  national  civil  conftitution  ia 
the  world. 

Their  loyalty  has  been  abundantly  proved^ 
cfpecially  in  the  late  war.  Their  affection 
and  reverence  for  their  mother  country  is  un- 
queflionable.  They  yield  the  mod  chearful 
/find  ready  obedience  to  her  laws,  particularly 
to  the  power  of  that  auguft  body  the  parlia- 
ment of  Great-Britain,  the  fupreme  legiflative 
of  the  kingdom  and  its  dominions.  Thcfe  I 
declare  arc  my  own  fentiments  of  duty  and 
loyalty,  I  alfo  hold  it  clear  that  the  aCt  of 
Queen  Anne,  which  makes  it  high  treafoh  to 
deny  •'  that  the  King  with  and  by  the  autho- 
rity of  parliament,  is  able  to  muke  laws  and 
ftatutes  of  fufficient  force  and  validity  to  //'w// 
and  bind  \X\t  crown,  and  the  defcent,  limita- 
tion, inheritance  and  government  thereof,"  is 

founded 


:r! 


i 


•*  ■.• 


(  49  ) 

frtiinikil  oti  thfc  principles  of  liberty  and  the 
Hritilli  conrtitutlbn  :  and  he  that  would  palm 
the  do<5trine  of  UiiliiDrtcd  paflive  obedience 
and  nrtn -refinance  upon  marlkitid,  and  thereby 
br  by  any  other  means  ferve  the  caufe  of  the 
Pretender,  is  not  only  a  fool  and  a  knave,  but 
a  rebel  againft  common  (tnicy  as  well  as  the 
laws  of  God,  of  Nature;  and  his  Country. 

^  I  alfb  lay  it  down  as  one  of  the  firfl: 
principles  from  \^hence  I  intend  to  deduce  the 
civil  rights  of  the  British  colonies,  that  all  of 
therti,  are  fubjedt  to,  and  dependent  on  Great- 
Britain  J  and  tliat  therefore  as  over  fubordinate 
governrtienis,  the  parliament  of  Great-Bri- 
tain has  an  undoubted  f)ower  and  lawful  au- 
thority, to  make  adts  for  the  general  good, 
that  by  naming  them,  (hall  and  ought  to  be 
equally  binding,  as  upon  the  fubje<fts  of  Great- 
Britain  within  the  realm.  This  principle,  I 
prefiime,  will  be  readily  granted  on  the  other 
fide  the  Atlantic.  It  has  been  practiced  upon 
for  twenty  ycarS  to  my  knowledge,  in  the 
province  of  the  Majfachufetts  Bay-f  and  I  have 
ever  received  it,  that  it  has  be;en  fo  from  the 
beginning,  in  this  and  the  fifter  provinces, 
through  the  continent*.       ^ '  ^  " 

I  am  awart,  fome  will  think  it  is  time  for  me 
to  retreat,  after  having  exprefifed  the  power  of 
the  Britifh  parliament  in  quite  fo  ftrong  terms. 
But  it  is  from  and  'inder  this  very  power  and 

V  H  '  its 


*  This  however  was  t'ormally  declared  as  to  IreJauu,  but  (b 
lately  as  ihe  reigrt  of  G.  I.  Upon  the  old  principles  of  con- 
quell  the  Irifh  couid  not  have  fo  much  to  fay  for  aa  exemption, 
aj  the  uiiconqiiered  Colcniils.  .       —       •  ...  .   .  .  ^;.. 


* 


(so 

its  ads,  and  from  the  common  law,  that  the 
political  and  civil  rights  of  the  Colonics  are 
derived:  and  upon  thofc  grand  pillars  of  li' 
berty  (hall  my  defence  be  reftcd.  At  prcfent 
therefore  the  reader  may  fuppofe,  that  there 
is  not  one  provincial  charter  on  the  continent  j 
hem^.y,  ifhepleafcs,  imagine  all  taken  away, 
without  fault,  without  forfeiture,  without  tri- 
al or  notice.  Ail  this  really  happened  to  fome 
of  them  in  the  hill  century.  I  would  have  the 
reader  carry  his  imagination  Aill  further,  and 
fur>r,ofc  a  time  may  come  when  inftcad  of  a 
pi ucefs  at  common  law,  the  parliament  (hall 
give  a  decifive  blow  to  every  charter  in  Ame- 
rica, and  declare  them  all  void.  Nay  it  (hall 
alfo  be  granted,  that  it  is  barely  poflible,  the 
time  may  come,  when  the  real  intereft  f  the 
whole  may  require  an  ad  of  parliament  i- 
nihilatc  all  thofe  charters.  What  could  fol- 
Ipvv  from  all  this,  that  would  (hake  one  of  the 
ciTcntial,  natural,  civil  or  religious  rights  of 
the  Colonids?  Nothing.  They  would  be 
men,  citizens  and  Briti(h  fubjeds  after  all.  No 
ad  of  parliament  can  deprive  them  of  the  li- 
berties of  fuch,  unlefs  any  will  contend  that  aa 
ad  of  parliament  can  make  flaves  not  only  of 
one,  but  of  two  millions  of  the  common- 
wealth. And  if  fo,  v<^y  not  of  the  whole  .^ 
I  freely  own,  that  I  can  find  nothing  in  the, 
laws  of  my  country,  that  would  juftify  the  par- 
liament in  making  one  (lave,  nor  did  they  ever 
profe(redly  undertake  to  make  one. 

Two  or  three  innocent  colony  charters  have 
been  threatened  with  deftrudion  an  hundred 

«nd 


(  5'  ) 

and  forty  years  paft.  I  wi(h  the  prefcnt  ene- 
mies of  thofe  harmlefs  charters  would  reflet  a 
moment,  and  be  convinced  that  an  a(5l  of  par- 
liament that  ihould  demolifh  thole  bugbears 
to  the  foe  of  liberty,  would  not  reduce  the 
Colonifts  to  a  (late  of  abfolute  flavcry.  The 
word  enemies  of  the  charter  governments  arc 
by  no  means  to  be  found  in  England.  It  is  a 
piece  of  juftice  due  to  Great-Britain  to  own; 
they  are  and  have  ever  been  natives  of  or  rcQ- 
dents  in  the  colonics.  A  fet  of  rren  in  Ame- 
rica, without  honour  or  Jove  to  their  country, 
have  been  long  grafping  at  powers,  which  they 
think  unattainable  while  thefe  charters  Aand 
in  the  way.  But  they  will  meet  with  infijr^ 
mountable  obftaclcs  to  their  projedl  for  cn- 
Ilaving  the  Britifh  colonies,  (hould  thofe,  a* 
fifing  from  provincial  charters  be  removed. 
It  would  indeed  feem  very  hard  and  fcvere  for 
thofe  of  the  colonifts  who  have  charters  with 
peculiar  privileges  to  lofe  them.  They  were 
given  to  their  anccftors,  in  confideration  of 
their  fufferings  and  merit,  in  difcovcring  and 
fettling  America,  Our  fore-fathers  were  foon 
worn  away  in  th6  toils  of  hard  labour  on  their 
little  plantations,  and  in  war  with  thefavages. 
They  thought  they  were  earning  a  fure  inhe^ 
ritance  for  their  pofterity.  Could  they  ima- 
gine it  would  ever  be  thought  juft  to  deprive 
them  or  theirs  of  their  charter  privileges! 
Should  this  ever  be  the  cafe,  there  arc,  thank 
God,  natural,  inherent  and  infeparable  rights 
as  men,  and  as  citizens,  that  would  reniain 
after  the  fo-much-wi(hed-for  cataftrophe,  anc^ 

H  2,  whicha 


\*» 


W:r 


which,  ;whatcver  became  of  charters,  can  ne- 
ver be  abpliflied  dejuret  \i  de  faSio^  till  the 
general  conflagration  ^.  Our  rights  as  men 
and  freeborn  BritilTi  iubjedls,  gave  all  the  co- 
lonifts  enough  to  make  them  very  happy  Jq 
compaiifon  with  the  fubjeds  of  any-  pthcf 
prince  in  the  world.  ;    •  ;*>  0^    '? 

Every.  Britilh  Subjed  born  on  the  continents 
qf  America,  or  in  any  other  of  the  Britifli  do-? 
minions,  is  by  'he  law  of  God  ar.d  nature,  by 
the  common  law,  and  by  ad  of  parliament,^ 
(exclufive  of  all  charrers  from  the  crown)  en- 
titled to  all  the  natural,  elfential,  inherent  and 
infeparable  T'ghts  of  our  felldw  fubjedts  in 
Great- Britain.  Among  thofe  rights  are  the 
followijig,  which  it'is  humbly  conceived  no 
man  or  body  of  men,  not  CAcepting  the  par- 
liament, juftly,  equitably  and  confidently  with 
their  Qvvn  rights  and  the  conftitution,  can  take 
away,     -^""^'y      -Vi  (^d\w  ;*^f/ir1o'j  ads  Irj  sl^^lh 

t*-*  ift,  T'hat  t lie  fupr erne  and fhbordinate  powers 
of  kgijlution  JJjotild  be  free  and f acred  in  the 
bands  ivhere  the  community  have  once  rightfully 
place o  them,    ':l^'^-'4  lue)     .?, 

'  2  ci  I  y .  TZ'  e  fupr  cm?  nation  al  legijlative  cannot 
be  altered  jufily  till  the  commonivealth  is  dif 
Jhhed)  7iQr  a  fuhordinate  kgifiative  taken  away 
without  forfeiture  or  other  good  caufc.  Nor 
th<:n  can  the  fubj^jdls  in  the  fubordinaie  govern- 
:         '{vnq   T^!•';^v>  -^sdiir   iti  k  .:».:?  ■••<;    ment 


<« 


*  The  fine  defer ce  of  the  provincial  charter*  by  Jeremy 
Xiummtr,  Hfq;  the  late  very  able  and  learned  agent  for  the 
province  of  Majtachufetts-'Rayi  nukes  it  ncedlefs  to  j^o  into 
&  particular  confidcration  of  charter  privileges.  That  piece  is 
unanTwcrable,  but  by  power  £n4  might,  and  other  arguments 


of  that  kind. 


'■:'ih 


laay 


?yemy 
r  the 
into 
kceis 
lents 


•     •    '        *         (53) 
mcnt  be  reduced  to  a  ftate  of  ilavery,  and  fub* 
je<ft  to  the  defpotic  rule  of  others.     A  ftate 
has  no  right  to  make  flavcs  of  the  conquered. 
Eyen  when  the  fubordinate  right  of  legiflature 
is  forfeited,  and  fo  declared,  this  cannot  affe^ 
the  natural  perfons  either  of  thofe  who  werwj 
inverted  with  it,  or  the  inhabitants*,  fo  far  as 
to  deprive  them  of  the  rights  of  fubjedts  and 
of  men.- — The  colonifts  will  have  an  equitable 
right,  notwithftanding  any  fuch  forfeiture  of 
charter  to  be  reprefented  in  parliament,  or  to 
have  feme  new  fubordinate  legiflature  among 
themfelves  It  would  be  heft  if  they  had  both. 
Deprived,  however,  of  their  common  rights 
as  fubje€ts,    they  ca:inot  lawfully  be,  whil^ 
they  remain  fuch.     A  reprefentation  in  Parr 
liament    from  the  feveral  colonies,  fince  they 
are  become  fo  large  and  numerous,  as  to  be 
called  on  not  only  to  maintain  provincial  go- 
vernment, civil  and  military,  among  them- 
felves,  for  this  they  have  chearfully  done,  but 
to  contribute  tovyards  the  fupport  of  a  national 
ftanding  army,  by  reafon  of  the  heavy  national 
debt,  when  they  themfelves  owe  a  large  one, 
contraded  in  the  common  cai<fe,  cannot  be 
thought  an  unreafonable  thing,  nor  if  afked, 
could  it  be  called  an  immodeft  requeft.     ^i 
fentit  commodum  f entire  debet  ct  onus,  has  been 
thought  a  maxim  of  equity.    But  that  a  man 
•ibould  bear  a  burthen  for  other  people*  as  well 
as  himfelf.  without  a  return,  never  long  found 
a  place  in  any  law-book  or  decrees,  but  thofe 

'      ,  -    -         ;.  of 

•  See  Magna  Charts,  the  Bill  of  Rights.    3  Mod.  15  a' 
i  Salkeld  411.    Vaughan  300. 


1  ( 


i', 


11.-^ 


m^i 


■  {  54  )       _ 

of  tbt  aioft  dcfpotic  princes.  Belides  the  equi- 
ty of  an  American  reprefcntation  in  parlia- 
nxept^  a  thoufand  advantages  would  refult  from 
it*  ic  would  be  the  nioA  efiedual  means  of 
giving  thofe  of  both  countries  a  thorough 
knowledge  of  each  others  interefts ;  as  well  as 
ihat  of  the  whole,  which  are  infeparable.  •>  •? 
'.  Were  this  rcprefsniatlon  allowed;  inftead 
of  the  fcandrtlous  memofiaJs  and  depofiiions 
that  Lave  been  fometimes,  in  days  of  old,  pri- 
vately cooked  up  in  an  inquifitorial  manner, 
by  perfons  of  bad  minds  and  wicked  views, 
and  fent  from  America  to. the  feveral  boards, 
perfons  of  the  iirfl  reputation  an^ong  theif 
countrymeni,  might  be  on  the  fpot,  frotn  the 
feveral  colonies,  truly  to  reprefent  them.  Fu- 
ture rainiflers  need  not,  like  fome  of  their 
predeceflbrs,  have  recourfe  for  information  in 
American  affairs,  to  every  vagabond  ftroller, 
that  has  run  or  rid  port  through  America^ 
from  his  creditors,  or  to  people  of  no  kind  of 
reputation  from  the  colonies ;  fome  of  whom, 
at  the  time  of  adminiflering  their  fage  advice, 
have  been  as  ignorant  of  the  ftate  af  this  coun- 
try, as  of  the  regions  in  Jupiter  and  Saturn. 

No  repreientation  of  i\ic  colonies  in  parlia-^ 
ment  alone,  would,  however,  be  equivalent 
toa  fubordinate  legiflative  among  tbemfclves  5 
nor  fo  wcllanfwer  die  ends  of  increaiing  their 
profperity  and  the  commerce  of  Qreat- Britain. 
It  would  be  impofliblc  for  the  parliament  to 
judge  fo  well  of  their  abilities  to  boar  taxes, 
impoiitions  on  trade,   and  other  duties  and 


1 
r 
t 


S' 


M. 


[lent 
res  i 
Iheir 
[ain. 
(to 
Ixes, 
land 


(55) 

burthens,  or  of  the  local  laws  that  might  be 
really  needful,  as  a  legiflative  here. 
'  *y .  sdly.  No  kgijlative^  Jupreme  or  fubordinate^ 
has  a  right  to  make  itfelf  arbitrary,  n 

It  would  be  a  moft  manifeft  contradidion, 
for  a  free  legiflative,  like  that  of  Great- Bri* 
tain,  to  make  itfclf  arbitrary.      >-> - fe 

4thly.   Thefupreme  iegijlative  cannot  jufily 

ajjume  a  power  of  ruling  by  extempore  arbitrary 

aecreesy  but  is  bound  to  dijpenfe  jujiice  by  knotim 

fettled  rules  i  and  by  ^\i\y  authorized  independent 

judges, 

5thly.  Thefupretne  power  cannot  take  from 
any  man  any  part  of  his  property^  without  his 
confent  mperfon  or  by  reprefentation,    ^  i*^-    • 

6thly.  I'he  Iegijlative  cannot  transfer  thi 
power  of  making  laws  to  any  other  hands. 

Thefeare  their  bounds,  which  by  God  and 
nature  are  fixed,  hitherto  have  they  a  right  to 
come  and  no  further. 

1.  To  govern  by  fated  laiL 

2.  ^hofe  lams  Jhould  have  no  other  end  uUi* 
matelyt  but  the  good  of  the  people, 

3 .  Taxes  are  not  to  be  laid  on  the  people ^  but 
by  their  confent  in  perfon,  or  by  deputation, 

4.  '{heir  whole  power  is  not  transferable'^, 
Thefc  arc  the  firft  principles  of  law  and  jus- 
tice, and  the  great  barriers  of  a  free  ftate  and 
of  the  Britldi  conflicution  in  particular.  I  afk, 
I  want  no  more — Now  let  it  be  Qiewn  how  it 
is  reconcileable  with  thefe  principles,  or  to 
many  other  fundamental  maxims  of  the  Bri- 
tifli  conftitution,  as  well  as  the  natural  and  ci- 
vil 

•  See  Locke  on  Gowrnrtient.  B.  H.  C.  xi. 


(  .      !■ 


<« 


.  I 


.  ' ' 


vil  rights,  Which  by  the  laws  of  their  coun- 
try, ail  Britifh  fubjcds  are  entitled  to,  as  their 
bcft  inheritance  and  birth-right,  that,  all  the 
northern  colonies,  who  ai-e  without  one  re- 
prcfcntative  in  the  houle  of  commons,  fhould 
be  taxed  by  the  Britidi  parliarhent, 

That  ihe  colonifts,  black  and  whitCi  born 
here,  are  free-born  Britifh  fuhjedlS,  and  enti- 
tled to  all  the  cliential  civil  rights  of  fuch,  is  a 
truth  not  only  manifeft  from  the  provincial 
charters,  from  the  principles  of  the  common 
law,  and  ads  of  paiKament ;  but  from  che  Bri- 
tifli  conftitution  which  was  re-eftabiiQied  at 
the  revolution,  with  a  profefled  defign  to  fe- 
cUre  the  liberties  of  all  the  fubje£ts  to  all  ge- 
nerations *. 

In  the  1 2  and  1 3  of  Wm.  cited  above,  the 
liberties  of  the  fubjed  are  fpoken  of  as  their 
bed  birth-rights — No  one  ever  dreamed,  fure- 
ly,  that  the(e  liberties  were  confined  to  the 
realm.  At  that  rate  no  BritiQi  fubjedts  in  the 
dominions  could,  without  a  manifeft  contra- 
didlion,  be  declared  entitled  to  all  the  privi- 
leges of  fubjedts  born  within  the  realm,  to  all 
intents  and  purpofes,  which  arc  rightly  given 
foreigners,  by  parliament,  after  refiding  (even 
years.  Thele  expreflions  of  parliament,  as 
iveil  as  of  the  charters,  muft  be  vain  and  emp- 
ty foui^ds,  unlefs  we  are  allowed  the  ci^Qti- 
tial  rights  of  our  fellow- fubjeds  in  Great  Bri- 
tain. 

Now  can  there  be  any  liberty,  where  pro- 
perty is  taken  away  witlout  confent?    Can  it 

with 

•  See  the  convention,  and  a£ls  confirming  it. 


...■■        ■■  CS7)         ."■-■■ 

rWith  any  coldur  of  truth,   juftice  or  equity, 
f  be.  affirmed,  that  the  northern  colonics  arc 
reprefented  in  parliament  ?    Has  this  whole 
Continehtj   of  near  three  thoufand  miles  in 
length,  and  in  which,  and  his  other  Amc- 
.  rican  donlinions,  his  Majefty  hasi  or  very  foon 
'vWill  have  Tome  millions  of  as  good,  loyal  and 
Ufeful  fubjeds,  whib  and  black,  as  any  in 
the  three  kingdoms,  the  election  of  one  mem- 
ber of  the  hoiiife  of  commons  ? 
►     Is  there  the  lead  difference,  as  to  the  con- 
fcnt  of  thfe  Colonifts,  whether  taxes  and  impo- 
iition^  are  laid  on  their  trade,  and  other  pro- 
perty, by  the  crown  alone,  or  by  the  parlia- 
ment ?    As  it  is  agreed  on   all  hands,  the 
Crown  alone  cannot  impofe  them,  we  fhould 
be  juftifiablc  in  refufing  to  pay  them,  but  muft 
and  ought  to  yield  obedience  to  an  ad  of  par- 
liamenti  though  erroneous,  till  repealed. 4*^ 

I  can  fee  no  reafon  to  ^oubt,  but  that  the 
impofition  of  taxes,  whether  on  trade,  or  on 
land,  or  houfes,  or  fliips,  on  real  or  perfonal, 
fixed  or  iloating  property,  in  the  colonies,  is 
abfolutely  irreconcileable  with  the  rights  of 
the  Colonii^s,  as  British  firbjedts,  and  as  men. 
I  fay  men,  for  in  a  ftate  of  nature,  no  man 
can  take  my  property  from  me,  without  my 
confent:  If  he  does,  he  deprives  me  of  my 
liberty,  and  makes  me  a  flave.  If  fuch  a  pro- 
ceeding is  a  breach  of  the  law  of  nature,  no 
law  of  fociety  can  makeit  juft.— -The  very  &&, 
of  taxing,  cxercifcd  over  ihofe  who  arc  not 
reprefented,  appears  to  me  to  be  depriving 
them  of  one  of.  their  olofl  cffential  rights,,  as 
),  .1  free- 


H:  1 


(  j8  ) 
freemen ;  arid  if  continued,  feemft  to  be  in 
eifedt  an  intire  disfranchifcment  of  every  civil 
rights  For  what  one  civil  right  is  worth  a 
tuCtii  after  a  man's  property  is  fubjedt  to  be 
takep  from  him  at  pleafure^  without  his  con- 
fent  ?  If  a  man  is  not  his  own  offeffor  in  per- 
f<?p,  or  by  deputy,  his  liberty  is  gone,  or  lays 
i(nUr<;ly  at  the  metcy  of  others.       ?j>  ^ 

1  think  I  have  heard  it  faid^  that  when  the 
Dutch  are  afkied  why  they  ettflave  their  colo- 
nies, their  anfwer  isj  that  the  liberty  of  Dutch- 
men is  confined  to  Hollatid  j  and  that  it  was 
never  interided  for  Provincials  in  America,  or 
aiiy* where  clfe.  A  fentiment  this^  very  wor- 
thy of  modern  Dutchmen  ;  but  if  their  brave 
and.  worthy  anceftbrshad  entertained  fuch  nar- 
row idelas  t>f  libcrtyi  fcven  poor  and  diftrefled 
provinces  would  never  have  afferted  their 
rights  againft  the  whole  Spanifli  monarchy,  of 
ithich  the  prefcnt  is  but  a  fhadow.  It  ia  to 
be  hoped,  none  of  our  fellow  fubjedts  of  Bri- 
tain, great  or  fmall,  have  borrowed  this  Dutch 
mpxim  of  plantation  politics  j  if  they  have, 
they  had  better  return  it  from  whence  it  caq:ie  > 
indeed  they  had.  Modern  Dutch  or  French 
maxims  of  ftate,  never  will  fuit  with  a  Briti^ 
conflitutioiv.  .  It  is  a  maxim,  that  the  King 
can  do  no  wrong;  and  every  goOd  fubjedt  ts 
bound  to  believe  his  King  is  not  inclined  to 
do  any.  We  are  bleffed  with  a  prince  who 
has  given  abundant  demonflrations,  that  in  all 
his  anions,  he  ftudies  the  good  of  his  people 
and  the  true  glory  of  his  crown,  which  are  in- 
fcparable.  It  Would  therefore  be  the  highen; 
"j'iiX  «  de- 


W' 


Ic- 


(59) 

degree  of  impudence  and  difloyalty  to  imagirfe 
that  the  King,  at  the  head  of  his  parliament, 
could  have  any,  but  the  moft  pure  and  perfeft 
intention  of  juftice,  goodnefs  and  truth,  that 
human  nature  is  capable  of.  ^il  this  I  fair 
and  believe  of  the  King  and  parliament,  in  afl 
their  a€ts$  even  in  that  which  fo  n^aHy  affedls 
the  intercf^ of  the  colonics;  arid  that  a  moft 
perfeiit  and  reedy  obedience  is  to  be  yielded  to 
it,  while  it  remains  in  force.  I  will  go  fuf- 
ther,  and  really  admit,  that  the  intention  of 
the  miniftry  was  not  only  to  promote  the  pub- 
lic good,  by  this  aft,  but  that  Mr.  Chancel- 
lor of  the  Exchequer  had  therein  a  particular 
view  to  the  <*  eafe,  the  quiet,  and  the  good 
will  of  the  Colonies,'*  he  having  made  this 
declaration  nnore  than  once.  Yet  I  hold  that 
it  i&  poflible  he  may  have  erred  in  his  kind  in- 
tentions towards  the  Colonies,  and  taken  away 
our  fifh,  and  given  us  a  ftonc.  With  regard 
to  the  parliament,  as  infallibility  belongs  not 
to  mortals,  it  is  polfible  they  may  have  bceii 
mifinformed  and  deceived.  The  power  of 
parliament  is  uncontroulable  but  by  them- 
felves,  and  we  muft  obey.  They  only  can 
repeal  their  own  a£ts.  There  would  be  an 
end  of  all  government,  if  one  or  a  number  of 
fubjedt  or  fubordinate  provinces  ihould  take 
upon  them  lb  far  to  judge  of  the  juftice  of  an 
aft  of  parliament,  as  to  refufe  obedience  to  it. 
If  there  was  nothing  elfe  to  reftrain  fuch  a  ftep, 
prudence  ought  to  do  it,  for  forcibly  refifting 
the  parliament  and  the  King's  laws,  is  high 
trcafen.  Therefore  let  the  parliament  lay 
'  '  ^  1  z  what 


t 


\' 


h 


# 


,'(6o)         .    .      ' 

what  burthens  they  pleafe  on  ns,  wc  muft,  it 
is  our  duty  to  fubmit  and  patiently  bear  them, 
till  they  will  be  pleafed   to  relieve  us.     And 
it  is  to  be  prcfumed,  the  wifdom  and  juftice  of 
thatauguft  afleoiblyj  always  will  afford  us  re- 
^lief  by  repealing  fuch  adts,  as  through  miftake, 
or  other  human  infirmities,  have  been  fuffere^ 
<,to  pafs,  if  they  can  be  convinced  that  their  pro- 
ceedings arc  npt  conflituiional,  or  not  for  the 
;  common  goqd. 

:j ,    The  parliament  may  he  deceived,  they  may 
.  ^naye  been  mifinforn^cd  of  fads,  and  the  colo- 
nies may  in  rnany  refpeds  be  mifreprefented 
.to  the  King,  his  parliament,  and   his  minir 
'flry.     In  fomc  inftanf:es^  I  am  \yell  afTured 
'the  colonies  haye  been  very  ftfangely  mifrc- 
^.prefcnted  in  Englanc^.     I  have  now  before  me 
a  pamphlet,  called  "  TheAdminiftration  of  the 
Colonies,"  faid  to  be  written  by  a  gentleman 
who  formerly  comman.ded  in  chief  in  one  of 
them.     I  fuppofe  this  book  was  defigncd  for 
^public  information  and  ufe.     There  arp  in  it 
many   good   regulations  propofed,  which  no 
power  can  enforce  but  the  parliament.    From 
all  which   I  ipfer,  that  if  pur  hands  are  tied 
by  the  pafTing  of  an  ad  of  parliament,  our 
mouths  are  not  flopped,  provided  we  fpeak  of 
that   tranfcendent   body  with  decency,   as  I 
have  endeavoured  always  to  do;  and  fhould 
any  thing  hi\  e  efc^ped  me,-  or  hereafter  fall 
from  my  pen,  that  bears  the  leaft  afped  but 
that  of  obedience,  duty   and   loyalty   to  the 
King  and  parliament,  and  the  higheft  refped 
for  the  miniflry,  the  f:an4i.4,wili  impute  it  to 
l''-  "^'' '■'"'     '        .  '  the 


no 


our 

Ik  of 

as  I 

lould 

fall 

but 

the 

|ped 

it  to 

the 


(  6i  ) 

the  agony  of  my  heart,  rather  than  to  the  pra-* 
vity  of  ray  will.    If  I  have  one  ambitious  widi, 
it  is  to  fee  Great-Britain  at  the  head  of  the 
world,  and  to  fee  my  King,    under  God,  the 
father  of  mankind.      I  pretend  neither  to  the 
fpirit  of  prophecy,  nor  any  uncommon  fkill 
in  predicting  a  Crifis,  much  lefs  to  tell  when 
it  begins  to  be  "  nafCenf*  or  is  fairly  midwiv*d 
into  the  world.     But  if  I  were  to  fix  a  mean- 
ing to  the  two  iirft  paragraphs  of  the  Admini- 
Jiration  of  the  Colonies^  though  I  do  not  collc<5l 
it  from  them,  I  (hould  fay  the  world  was  at 
the  eve  of  the  higheft  fcene  of  earthly  power 
and  grandeur  that  has  been  ever  yet  difplayed 
to  the  view  of  mankind.     The  cards  arc  (huf^ 
fling  faft  through  all  Europe.     Who  will  win 
the  prize  is  with  God.  This  however  I  know, 
detur  digniori.    The  next  univerfal  monarchy 
will  be  favourable  to  the  human  race,  for  it 
muft  be  founded  on  the  principles  of  equity, 
moderation  and  j  .lice.    No  country  has  been 
more  diftinguifhed  for  thefe  principles  than 
Great-Britain,  fince  the  revolution.     I  take  it, 
every  fubjedt  has  a  right  to  give  his  fentinients 
to  the  public,  of  the  utility  or  inutility  of  any 
adt  whatfpever,  even  after  it  is  pafled,  as  well 
as  while  it  is  pending — The  equity  and  juftice 
of  a  bill  may  be  queftioned,  with  perfect  fub- 
miflion  to  the  legiflature.     Reafons  may  be 
given,  why  an  aS  ought  to  be  repealed,  and 
yet  obedience  mud  be  yielded  to  it  till  that 
repeal  takes  place.     If  the  reafons  that  can  be 
given  againil  an  ad,  are  fuch  as  plainly  de- 
monftratc  that  it  is  againft  natural  equity,  the 
,..<,:  ex- 


I'l' 


^r- 


II 


(  .- 


(  62  ) 
executive  courts  will  adjudge  fuch  adts  void. 
It  may  be  queAioned  by  fome,  though  I  make 
no  dpubs  of  it,  whether  they  arc  not  obliged 
by  t))^ir  joaths  to  adjudge  fuch  adts  void.  If 
there  is  not  a  right  of  private  judgement  to  be 
exercir«d>  ip  far  at  leaH:  as  to  petition  for  a  re- 
peali  pr  to  idetermine  the  expediency  of  rifk- 
ing  a  trial  at  law,  the  parliament  might  make 
itfelf  arbitrary,  which  it  is  conceived  it  can- 
not by  the  conftitution.^— 1  think  every  man 
ha3  a  right  to  examine  as  freely  into  the  origin, 
fpfing  ^nd  foundaUon  of  every  power  andi 
meafure  in  a  commonwealth,  as  into  a  piece 
pfcuriops  ipachinery,  or  a  remarkable  pheno- 
menon in  nature  >  and  that  it  ought  to  give 
na  n\ore  ojflFence.  to  fay,  the  parliament  have 
erred,  or  are  miflaken,  in  a  matter  of  fa^, 
or  of  right„  than  to  fay  it  of  a  private  man,  if 
it  is  tfuc  of  both.  If  the  a&fiion  can  be 
.proved  with  regard  to  either,  it  is  a  kindncfs 
done  them  to  fijew  them  the  truth.  With.rc- 
gard  to  the  public,  it  is  the  duty  of  eveiy  good 
citi^^n  fo  point  out  what  he  thinks  erroneous 
in  the  commonwealth. 

,1  have  waited  yeprs  in  hopes  to  fee  fomie 
PA^  friend  of  the  colonies  pleading  in  public 
forthijm.  I  have  waited  in  vain.  One  pri- 
vilege is  taken  away  after  another,  and  where 
we  fliall  be  larked,  God  knows,  and  I  truft 
I  wiU P^pte^ jand provide  for  us, even  {hopld  we 
be. driven  and  per^cuted  into  a  more  weflern 
wi!d^rjneft>  on  the  fcore  of  liberty,  civil  ^nd 
religious,  as  many  of  pur  aoceftors  were,  to 
theft  p|>Pc  in^iofoit^ble  fliorei  of  America.   ,1 

had 


:uft 
we 
>rn 
ind 
to 


(  63  ) 
had  formed  great  expedations  from  a  gentle- 
man, who  publiQied  his  firfl  volume  ill  quarto 
on  th<j  rights  of  the  colonies  two  years  fined ; 
but>  as  he  forefaw,  the  ftate  of  his  heahh  and 
affairs  have  prevented  his  further  prcgrefs. 
I'he  misfortune  is,  gentlemen  in  America,  the 
beft  qualified  in  every  rcfpcdl  to  ftatc  the 
rights  of  the  colonifts,  have  reafons  that  pre- 
vent them  from  engaging  :  feme  of  them  have 
good  ones.  Th^rc  are  many  infinitely  better 
able  to  ferve  this  caufe  than  I  pretend  to  be ; 
but  from  indolence,  from  timidity,  or  by 
necefTary  engagements,  they  arc  prevented. 
There  has  been  a  moft  profound,  and  I  think 
fhameful  filence,  till  it  feems  almofl  too  late 
to  affert  our  indifputable  rights  as  men  and  as 
citizens.  What  muft  pofterity  think  of  us. 
The  trade  of  the  whole  continent  taxed  by  par- 
liament, (lamps  and  other  internal  duties  and 
taxes  as  they  are  called,  talked  of,  and  not 
one  petition  to  the  King  and  parliament  for 
relief. 

I  cannot  but  obfervehc  e,  that  if  the  parlia- 
ment have  an  equitable  right  to  tax  our  trade, 
it  is  indifputable  that  they  have  as  good  an  one 
to  tax  the  lands,  and  every  thing  elfe.  The 
taxing  trade  ftirnifhes  one  reafon  why  the  other 
fhould  not  ht  taxed,  or  elfe  the  burdens  of  the 
province  will  be  unequally  born,  upon  a  fup- 
pofition  that  a  tax  on  trade  is  not  a  tax  on  the 
whole.  But  take  it  either  way,  there  is  no 
foundation  for  the  diftindlon  fonie  make  in 
England  between  an  internal  and  external  tax 
on  the  colonies.  By  thcfirft  is  meant  a  tax  on 
./'•^  '  trade, 


'«. 


i         "M 


■1  I 


\  V 


II 


$ 


I 


'!■' 


'  (  64  ) 

trade,  by  the  latter  a  tax  on  land^  atid  the 
things  on  it.  A  tax  on  trade  is  either  a  tax  of 
every  man  in  the  provincej  or  it  is  not.  If  it 
is  not  a  tax  on  the  whole,  it  is  unequal  and  un- 
ju(l,  that  a  heavy  burden  Hiould  be  laid  on  the 
trade  of  the  /colonies,  to  maintain  an  army  of 
foldiers,  cuftom-houfc  officers,  and  fleets  of 
guard-fliips  j  all  which,  the  incomes  of  both 
trade  and  land*  would  not  furnifh  means  to 
fupport  fo  lately  as  the  laft  war,  when  all  was 
at  ftake,  and  the  colonies  were  reimb'ufed  in 
part  by  parliament.  How  can  it  be  fuppolcd 
that  all  of  a  (udden  the  trade  of  the  colonies 
alone  can  bear  all  this  terrible  burden.  The 
late  acquifitions  in  America^  as  glorious  as 
they  have  been,  and  as  beneficial  as  they  are  to 
Great-Britain,  are  only  a  fecurity  to  thefe  co- 
lonies againA  the  ravages  of  the  French  and  ln~ 
dians.  Our  trade  upon  the  whole  is  not,  I  be- 
lieve, benefited  by  them  one  groat.  Ail  the 
time  the  French  Iflands  were  in  our  hands, 
the  fine  fugars,  &c.  were  all  (hipped  home. 
None  as  I  have  been  informed  were  allowed 
to  be  brought  to  the  colonies.  They  were  too 
ilcli'-iousamorrelfor  a  North  American  palate. 
if  it  be  faid  luat  2  tax  on  the  trade  of  the  colo- 
nies is  an  equal  and  juft  tax  on  the  whole  of 
the  inhabitants :  What  then  becomes  of  the 
notable  diftinftion  between  external  and  inter- 
iial  taxes  ?  Why  may  not  the  parliament  lay 
ftamps,  land  taxes,  eftablilh  tythes  to  the 
church  of  England,  and  fo .  indefinitely.  I 
•  know  of  no  bounds.  I  do  not  mention  the 
tythes  out  of  any  difrefpei^l  to  the  church  of 


England,  which  I  eftccoi  by  far  the  bcft  «4- 
5^/oytf/  church,  and  to  have  had  as  ornaments 
of  It  ihiny  of  the  greatcft  and  bcft  men  in  the 
world.  But  to  thofc  colonics  who  in  general 
di/Tcnt  frooi  a  principle  bf  confcience,  it  would 
feem  a  little  har^  to  pa^  tbwards  the  fupport 
bfawor(hip,  whofe  modes  they  cannot  con- 
form tc-..:v  ,^^  .'.I-. .,,..;.,,.  ^        „.r,«  •A\i-.^,o'j.-;A,i 

If  an  army  miifV  be  kept  up  in  America,  sit 
theeYpence  of  the  colonies,  it  wduld  not  feem 
Iquite  fo  hard  if  after  the  parliament  had  de- 
termined the  fum  to  be  raifed,  and  apportioned 
it,  to  have  allowed  each  colony  to  aflefs  its 
■quota,  and  raife  it  as  eafily  to  themfelves  as 
might  he;  But  to  have  the  whole  levied  aqd 
tolTeded  without  our  confent  is  extraordinary* 
It  is  allowed  even  to  tributaries,  an(^  thofc 
laid  under  military  cojitribution,  to  afTefs  and 
tolle<5b  the  fums  demanded.  The  cafe  of  the 
provinces  is  certainly  likely  to  be  the  hardefl 
that  cart  be  inftanced  in  ftory.  Will  it  not 
equal  anything  but  flownrjght  military  exe- 
cution ?  Was  there  ever  a  tribute  impofed  c- 
Ven  on  the  conquered  ?  A  fleet,  an  army  of 
foldiers,  and  another  of  tax*  gatherers  kept  up, 
and  not  a  fingle  office  either  for  fecuring  or 
coUeding  the  duty  in  the  gift  of  the  tributary 
ftatc.  .        ^  ^ 

I  am  aware  it  will  be  objected,  that  thie 
parliament  oi  England,  and  of  Great  Britain, 
fince  the  union,  have  from  early  days  to  this 
time,  made  adts  to  bind  if  not  to  tax  Ireland : 
I  anfwer,  I,reland  is  a  conquered  coxxt^Uy,  I  do 
not,  however,  lay  fq  much  ftrefs  on  this;  for 

■  :\  K  it 


\'  ♦ 


i 


'  •'J 


(66) 

U  fe  riy  oplrildrt^  that  a  cori^ti^re J tonntry  Kas, 
upon   fubmiffior    and   good   behaviour,    the 
fame  right  to  be  free,  under  a  conqueror,  as  - 
the  reft  of  his  fubje£ts.     Bu^  the  old  notion 
of  the  right  ofconqueji,  has  been,  in  moft  na- 
trons, the  cailfe  of  naany  fevcrities  and  heinous 
breaches  of  the  law  of  nature :  If  any  fuch 
have  taken^  place  with,  regard  to  Ireland^  they 
fliould  form  no  precedent  for  the  colonies. 
The  fubordirtation  and  dependency  of  Ireland  ■■, 
to  Great -Britain,  is  exprefly  declared   by  adt 
6f  parliament,  irt  the  reign  oi  Geo.  1.     The 
fubordination  of  the  Colonies  to  Great- Britain, 
never  was  doubted  by  a  lawyer,  if  at  all;  , 
unlefs  perhaps  by  the  author  of  the  Admini- 
firation  of  the  colonies :  He  indeed  feems  to  . 
make  a  moot  pbidt  of  it,  whether  the  colony 
legiflative  power  is  as  independent  **  as  the 
legiflative  Great-Britain  holds  by  its  conftitu- 
tion,    and    under  the  great  charter." — The 
people  hold  under  the  great  charter,  as  it  is 
vulgarly  expreifed  from  our  law-books;  But 
that  the  King  and  parliament  fliould  be  faid 
to  hold  under  Magna  Charta,  is  as  new  to  me> 
as  ic  is  to  qucftion  whether  the  colonies  arc  * 
fubordinate  to  Great-Britain.     The  provincial 
legiflative  is  vinqueftionably  fubordinate  to  |hat  ;. 
of  Great -Britain,  I  (hall  endeavour  more  fully 
to  ej^plain  the  nature  of  that  fubordination, 
which  has  puz:iled  (a  many  in  their  enquiries. 
It  is  ofteii    very  difficult  for  great  lovers  of 
power,  and  great  lovers  of  liberty,  neither  o^    , 
whom  may  have  been  ufed  to  the  (ludy  of  law 
in  any  of  its  branches,  to  fee  the  difference 

-  be- 


lli' 


^ 


li. 


to 


\\\y 
>n, 

of 

iw 
ce 


( 67 ) 

between  fubordination,  abfokite  fldvery.  and 
fabjedlion  on  one  fide,  and  liberty,  indepen- 
dence and  licencioufnefs  on  the  other.  We 
(hould  endeavour  to  find  the  middle  road^ 
and  confine  ourfelves  to  it.  The  laws,  thtf  ; 
proceedings  of  parliament,  and  the  decifioni^ 
of  the  judges,  relating  to  IreianJ,  wiW  reflect 
light  on  this  fubjedt,  rendered  jntrkate  oqlyr  ,^ 
by  art.  .      ij 

**  Ireland  being  of  itfelf  a  diftindt  dominion;?, 
and  no  part  of  the  kingdom  of  £ngland  (as-* 
it  diredly  appcareth  by  many  authorities  in 
Calvin^s   cafe)  was  to  have  Parliaments 
holden  there  as  in  England.**     4  Inft.  349. 

Why  (hould  not  the  colonies  have,  why ; 
arc  they  not  entitled  to  their  aflTemblics,  or  , 
parliaments,  at  leail,  as  well  as  a  conquered 
dominion  ? 

"  Wales,  after  the  conqueft  of  it  by  Ed-, 
ward  the  Firft,  was  annexed  to  England,  jure    . 
proprietatis,  12  Ed,  I.  by  the  ftatute  of  Rut^  : 
land  only,  and  after,  more  really  by  27  H.  8, 
and  34,  but  at  firft  received  laws  from  Eng^ 
land,  as  Ireland  did  }   but  writs  proceeded  not 
out  of  the  Englifh  chancery,  but  they  had  a 
chancery  of  their  own,  as  Ireland  hath  ;  was  , 
not  bound  by  the  laws  of  England,  uqnanied 
till  27  H.  8.  no  more  than  Ireland  is, 

Ireland  in  nothing  differs  from  it,  but  hav-j 
ing  a  parliament  gratia  Regis  (i.  e.  upon  the 
old  notion  of  conqueft)  fubjeft  (truly  however)  • 
to  the  parliament  of  England.     None  doubts     , 
Iceland  ^s  much  conquered  as  it  i  and  as  muck 


W 


JuhjeSi  to  thtparliament  ^.EngTand,  if  it, plea fe,'* 
'V  '  '  hrt   ,*?!:•<>  ^'Vaughan.  306,. 

r  /A  very  ttrong  arglimcnt  arifcs  from  this 
authority,  in  favour' of  the  wwrowyarrf^/ plan- 
tatiops.     If  iince  Wales  wa3  annexed  to  Eng- 
land, they  have  had  a  rcprefcntation  in  parlia- 
mei!\t>  as  they  have  .  tO' this  dayj  and  if  the 
parliatnent  of  EngJand  does  not  tax  IreJand, 
can  it  be  right  they  fliould  tax  us,   who  have 
pcvcr  been  cankered y%\i\Q2mt  from  England 
to  colonize,  and  hav^  i^lv^rays  remaind  goid  jiik- 
jc&i  \o  this  day  ?      •  ?d  fl;         ■  ■>  ■  vii^a  iite  .  i 
1  cannnot  find  ^y  inftance  of  a  tax  laid  by 
the.pnglifh  parliafticnt  on  Irtland,     **  Some-. 
times  the  iKing  of  England  called  his  Nobles 
of  Irpland,  to  come tahis parliament  of  Eng-., 
land,  Gff.    and  by  fpedal  Jwiirdii,  the  parlia- 
ment of  England  may  bind  the  fubjedts  of 
Irelahd/'--^3'Ji^.  350.^— <$Irnw.n  ,?!5h;  yV  .•'    - 
vTyhe  foHi>wing  makes  it  cle^r  to  me,  the 
parliament  of  Great-Britain  do  not  tax  Inland, 
**  The  parliament  of  Ireland  having  been  pro,- , 
rogucd  to  the  month  of  Auguil  next  bejore. 
they  had  provided  for  the  maintenance  of  the  go- 
vernment in  that  kingdom,  a  projeSi  was  fet  on 
foot' here  to  fupply  that  defcdt,  by  retrenching 
the  drawbacks  upon  goods  exported  thither 
from  England.     According  to  this  fchcme, 
the  22d,   the  houfe  in  a  grand  committee, 
CQiifidcrcd  the  prefent  laws   with  refpcift  to 
drawbacks  upon  tobaccoes,  mullins,  and  Eaft 
India  filks,  carried. to  Ireland;  and  came  to 
two  refolutions,  which  were  reported  the  next 
dayi  and,  with  an  amendment  to  one  of  them, 

agreed 


?grecd  to  by.thc  houfe,  as  follows,  viz.  I.  That 
three  pence  per  pound,  part  of  the  drawback 
on  tobacco  to  be  exported  from  Greilt^firitaia 
for  Ireland,  be  taken  off. 
<  2.  That  the  iaid  dimipution  of  the  draw- 
back to  take  ciFedt  upon  al!  tobacco  exported 
for  Ireland,  after  the  24th  of  March  J713. 
and  continue  until  the  additional  duty. of  three; 
pence  halfpenny  per  pound  upon  tobacco  in 
Ireland,  expiring  oji  the  faid  24th  of  March, 
be  regr anted ;  and  ordered  a  bill  to  be  brought 
$n,  upon  the  faid  refolutions."  ^ 

■i  Proceedings  of  Houfe  of  Ccm.  Vol.  5.  72. 
*  This  was  conftitutional ;  thf^re  is  an  infinite 
difference  between  tsiking  off  Britifli  -draw- 
backs, apd  iuipoiin^  Iri{h  or  other  Provincial 
duties.  r 

**  Ireland  is  confidered  as  a  provincial  go- 
vernment, fubordinate  to,  but  no  part  of  the 
Realm  pf  England,"  Mich.  ii.  G.  2.  in  cafe 
of  Otway  and  Ramfay- "  Adls  of  parlia- 
ments made  heie  (/'.  e,  in  England)  extend  not 
to  Ireland,  unlefs  particularly  named  ;  much 
lefs  judgments  obtained  in  the  courts  here ; 
nor  is  it  poilible  they  (hould,  becaufe  we  have 
no  officers  to  carry  them  into  execution 
there.    10. 

The  fir  ft  part  feems  to  be  applicable  to  the 
plantations  in  general,  the  latter  is  not ;  for 
by  reafon  of  charter  refervations  and  particu- 
lar a6l$  of  parliament,  fome  judgments  in  Eng- 
land may  be  executed  here,  as  final  jndg- 
ments^  before  his  Majefty  in  council  on  >a 
plantation  appeal,  and  fofrom  the  admiralty. 


•  I 


C«/ . 


i 


(70) 

It  fdems  to  have  been  difputed  in  Ireland, 
fo  lately  as  the  6  Geo.  r.  Whether  any  adl  of 
the  Briti(h  parliament  bound  Ireland ;  or  at 
lead  it  was  apprehended,  that  the  undoubted 
right  of  the  British  parliament  to  bind  Ireland, 
was  in  danger  of  being  (haken  :  this,  I  pre- 
fume,  occaiioned  the  ad  of  that  year,  which 
declares,  that  "  the  kingdom  of  Ireland  ought 
to  be  fubordinate  unto  and  dependent  upon  the 
Imperial  Crown  of  Great- Britain,  as  being  in- 
feparably  united  thereto.  And  the  King's 
Majefty,  with  the  confent  of  the  lords  and 
commons  of  Great-Britain  in  parliament,  hath 
power  to  make  laws  to  bind  the  people  of  Ire- 
land."—This  parliamentary  power  muft  have 
fome  bounds,  even  as  to  Ireland,  as  well  aa 
the  colonies,  who  are  admitted  to  be  fubordi* 
r\2Xt  eb  initio  to  Great-Britain  j  riot  as   con" 

,  queredy  but  as  emigrant  fubjedts.  If  this  adt 
fhould  be  faid  to  be  a  declaration  not  only  of 
the  general,  but  of  the  univerfal  power  of  par- 
liament, and  that  they  may  ta^  Ireland,  I  afk. 
Why  It  has  never  been  done  ?  If  it  had  beea. 
done  a  thoufand  times,  it  would  be  a  contra-: 
didtion  to  the  principles  of  a  free  government  y 
and  what  is  worfe,  deftrov  all  fubordinatioOi 

'  confiftent  with  freedom,  and  reduce/the  peo-; 
Initio  Jlavery.  »,....,',,....,! 

To  fay  the  parliament  is  abfolute  and  arbir^^ 
trary,  is  a  contradiction.  The  parliament  can-J 
not  make  2  and  2,  5  :  Omnipotency  cannot^ 
do  it.  The  fupreme  power  in  a  ftate,  is  jus 
dicere  only  i-^Jus  dare,  ftridly  fpeaking,  be«r» 
longs  alone  to  GqA»  parliaments  ar^  i^i  ^1 
'.  t  ■  '  cbIcs" 


I 
t 

t 

i 

i 


^ 


V  ', 


(7' 


V 


)ni 


X-t 


Cafes  to  declare  what  is  for  the  good  cf  ihe 
whole  ;  but  it  is  not  the  declaration  of  parlia- 
mcnt  that  makes  it  fo :  There  muft  be  in 
every  inftance,  a  higher  authority,  *uiz,  GOD. 
Should  an  ad  of  parliament  be  againft  any  of, 
his  natural  laws,  which  are  immutably  true, 
iheir  declaration  would  be  contrary  to  eternal 
truth,  equity  and  juftice,    and  confequently 
void  :  and  fo  it  would  be  adjudged  by  the  par- : 
liament  itfelf,  when  convinced  of  their  mif-  ^ 
take.     Upon  this  great  principle,  parliaments 
repeal  fach  adls  as  foon  asthey  find  they  have  [ 
been  miftaken,  in  having  declared  them  to  be 
for  the  public  good,   when  in  fadt  they  were 
not  fo.     When  fuch  miftake  is  evident  and 
palpable,  as  in  the  inftances  in  the  appendix*^ 
the  judges  of  the  executive  courts  have  declared 
the  ad  **  of  a  whole  parliament  void."     See 
here  the  grandeur  qf  the  Britifh  conflitution  I 
See  the  wifdom  of  our  anceftors !  The  fupreme 
legijlative,  and  the  fupreme  executive^  are  a 
perpetual  check  and  balance   to  each  other. 
If  the  fupreme  executive  errs,  it  is  informed  by 
the  fupreme  legiflative  in  parliament :   if  tht 
fupreme  legiflative  errs,  it  is  informed  by  the 
fupreme  executive  in  the  King's  courts  of  law* 
Here  the  King  appears,   as  reprefented  by  his 
judges,  in  the  higheft  luftre  and  majcfty,  as 
.fupreme  executor  of  the  commonvvealih  j  and 
he  never  fliines  brighter,  but  on  his  throne,  at 
the  head  of  the  fupreme  legiflative.     This  is 
government  1    This  is  a  conflitution  !  to  pre- 
ferve  which,  either  from  foreign  or  domcftic 
foes,   has  coll  oceans  of  blood  and  treafure  in 

••';     i  •  .,.,v  •■     J  t  .    every 


t' 

;.'f,"' 

1 

f: 

'                                                                                   1 

1'  ,;l^ 

u 

every  age;  and  the  blood  and  thetreafure  bav<f 
upop  the  whole  been  well  fpcnt.     Brhi(h  A- 
inerica,  hath  been  blSeding  in  this  caufe  from 
its  fctllement :  we  have  fpent  all  we  could 
raife,  aod  more;  for  notwithlUnding  the  par- 
liamentary reimburfements  of  part,  we  ftill 
remain  much  in  debt.     The  province  of  the 
Jjda/sachidfensy  I  believe,  has  expended  more 
men  and  money  in  war  (ince  the  year  1620,' 
•when  a  few  families  firft  landed  at  Plymouth, 
in  propprtion  to  their  ability,  than  the  three 
Kingdoms  together.     The  fame,  I  believe, 
imay  be  truly  affirmed,  of  many  of  the  other 
colonies  j  though  the  Mafsachujetts  has  un* 
^oubtcidly  had   the  heavieft  burthen;     This 
may  he  thought  incredible  :  but  materials  are 
coUediing  j  and  though  fome  are  loft,  enotigh 
may  remain,  to  demonftrate  it  to  thfe  world. 
i  have  reafon  to  hope  at  leaft,  that  the  public  , 
ivill  foon  foc'  fuch  proofs  exhibited,  as  will 
ihew,  that  t  do  not  fpeak  quite  at  random. 

Why  then  is  it  thought  fo  heinpiis  by  thci 
author  of  the  adminiflraiion  of  thife  colonies^ 
and  others,  that  the  colonifts  ihould  afpirc  af- 
ter "  a  one  whole  legiflativ6  power"  not  in- 
dependent ofi  but  fubordinate  to  the  lawS  and 
J)arliamcnt  of  Great- Britain  ?— It  is  a  miftake 
in  this  author,  to  bring  fo  heavy  a  charge  ad 
high  treafon  againft  feme  of  the  colonifts, 
Which  he  does  in  efFeft  in  this  place*,  by  re- 
f^refenting  them  as  *'  claiming  in  fadt  or  in- 
deed, the  fame  full  free  independent  unre- 
drained  power  and  legiflative  will,  in  their  fe- 

veral 

(if  .■:     ii,:  ^    ■:  a.i  , 

*  Page  39  of  the  adminlllratlon. 


the 
niesj 
e  af- 
t  in- 
and 
ake 
e  ad 
ifts, 
re- 
in- 
Inre- 
ir  fe- 
deral 


verat  corpbratlohs,  and  under  the  King's  com- 
miflion  and  their  refpe<^ive  charters,  as  the 
government  and  legiflatufe  of  Great-Britain 
holds  by  its  conftitutiori  and  under  the  great 
charter.'*  No  fuch  claim  was  ever  thought 
of  by  any  of  the  colonifts.  They  are  all  better 
men  and  better  fubjedls  j  and  many  of  them 
too  well  veffcd  in  the  laws  of  nature  and  na- 
tions, and  the  law  and  conftitution  of  Great- 
Britain,  to  think  they  have  a  right  to  more 
than  a  provincial  fubordindte  legijldtive .  All 
power  is  of  GOD.  Next  and  only  fubordi- 
nate  to  him  in  the  prefcnt  flate  of  the  well- 
formed,  beautifully  conftruded  Britifli  mo- 
.harchy,  ftdnding  where  I  hope  it  ever  will 
ftand,  for  the  pillars  are  fixed  in  judgment, 
righteoufnefs  and  truth,  is  the  King  and  par- 
liament. Under  thefe,  it  feems  cafy  to  con- 
ceive fubordinate  powers  in  gradation,  till  we 
defcend  to  the  legiflative  of  a  town  council,  or 
tfven  a  private  focial  club.  Thefe  have  each 
**  a  one  whole  legiflative"  fubordinate,  which, 
when  it  does  not  counteract  the  laws  of  any 
df  its  fiiperiors,  is  to  be  indulged.  Even 
when  the  laws  of  fubordi nation  are  tranfgref- 
ffed,  the  fuperior  does  i  ot  deftroy  the  fubordi- 
nate, but  will  negative  its  atfl:,  as  it  may  in 
all  cafes  when  difapproved.  This  right  of  ne- 
gative is  effential,  and  may  he  mf  )rced  :  but 
in  no  cafe  are  the  effential  nghts  of  the  fubje<5ts, 
inhabiting  the  fubordinate  Corninions,  to  be 
dcftroyed.  This  would  put  it  in  the  power 
of  the  fuperior  to  reduce  the  inferior  to  a  ftate 
of  flavery  ;  which  cannot  be  rightfully  done, 
V.  L  even 


^'ik 


\ 


*  - 


^  (  74  ). 

even  with  conquered  enemies  and  rel/els.  After 

fatisfadtion  and  fecurity  is  obtained  of  the  for- 
mer, and  examples  are  made  of  fo  many  of 
he  latter,  as  the  ends  of  government  require, 
tihe  reft  are  to  be  reftored  to  all  the  effential 
rights  of  men  and  citizens.  This  is  the  great 
law  of  nature  -,  and  agreeable  to  this  law,  is 
the  conAant  pradice  of  all  good  and  mild  go<. 
vernments.  This  lenity  and  humanity  has  no 
where  been  carried  farther  than  in  Great- Bri- 
tain.    The  Colonics  have  been  fo  remarkable 
for  loyalty,  that  there  never  has  been  any  in- 
ftance  of  rebellion  or  treafon  in  them.     This 
loyalty  is,  in  very  handfome  terms,   acknow- 
ledged by  the  author  of  the  adminijiration  of 
the  colonies,     "  It  has  been  often  fuggefted, 
that  care  (hould  be  taken  in  the  adminiAration 
of  the  plantations,  left,  in  fome  future  time, 
,  thefe  colonies  fhould  become  independent  of 
the  mother-country."   But  perhaps  it  may  be 
proper  on  this  occafion,  nay,   it  is  juftice  to 
fay  it,  that  if,  by  becoming  independent,  is 
meant  a  revolt,  nothing  is  farther  from  their 
nature,  their  interefts,    their  thoughts.     If  a 
defedion  from  the  alliance  of  the  mother  coun- 
try be  fuggefted,  it  ought  to  be,  and  can  be 
truly  faid  that  their  fpirit  abhors  the  fenfe  of 
fuch  ;  their  attachment  to  the  proteftant  fuc- 
ceffion  in  the  houfe  of  Hanover,  will  ever  ftand 
unftiaken ;  and  nothing  can   eradicate  from 
their  hearts,  their  natural  and  almoft  mecha- 
nical  ftfftidtion  to  Great- Britain,  which  they 
conceive  under  no  other  fenfe,  nor  call  it  by 
any  other  name  than  that  of  borne.    Any  fuch 


.       (75  )       . 

fug^cftlon,  therefore,  is  a  falfe  and  unjuft  af- 
perfion  on  their  principles  and  afFedion ;  and 
can  arife  from  nothing  but  an  intire  ignorance 
of  their  circumftances*.'*  After  all  this  loyalty, 
it  is  a  little  hard  to  be  charged  with  cl  aiming, 
and  reprefentcd  as  afpiring  after  indepen- 
dency. The  inconfiftcncy  of  this  1  leave.  We 
have  faid  that  the  loyalty  of  the  colonies  has 
never  been  fufpedted  j  this  muft  be  reftridted 
to  a  juft  fufpicion.  For  it  feems  there  have 
long  been  groundlefs  fufpicions  of  us  in  the 
minds  of  individuals.  And  there  have  always 
been  thofe  who  have  endeavoured  to  magnify 
thefe  chimerical  fears.  I  iind  Mr.  Dummer 
complaining  of  this  many  years  fince.  "  There 
is,  fays  he,  one  thing  more  I  have  heard  often 
urged  againfl  the  charter-colonies,  and  indeed 
it  is  what  one  meets  with  from  people  of  all 
conditions  and  qualities ;  though,  with  due 
refpedt  to  their  better  judgments,  I  can  fee 
neither  rcafon  nor  colour  for  it.  It  is  faid  that 
their  increafing  numbers  and  wealth,  joined 
tcj)  their  great  diftance  from  Britain,  will  give 
them  an  opportunity,  in  the  courfe  of  fome 
years,  to  throw  off  their  dependence  on  the 
nation,  and  declare  chemfelves  a  free  rtate,  if 
not  curbed  in  time,  by  being  made  entirely 
fuhjeB  to  the  cr(mn\y 

This  jealoufy  has  been  fo  long  talked  of, 
that  many  feem  to  believe  it  well  grounded. 
Not  that  there  is  any  danger  of  **  a  revolt," 
even  in  the  opinion  of  the  author  of  the  admi- 
nijlratiorif  but  thatthe  colonifts  will  by  fraud  or 

L  2  force 

•  Adminiftration,  p.  25,26.        f  Defence,  60. 


I 


iJ> 


f 


Ih,' 


li    ' 


(  76  ) 

force,  avail  themfelves,  in  "  facfl  or  in  deed'', 
of  an  independent  legillaturc.  This,  I  think, 
woud  be  a  revolting  with  a  vengeance.  What 
higher  revolt  can  their  be,  than  for  a  province 
to  aflume  the  right  ot  an  independent  legifla- 
tive,  or  ftate  ?  I  muft  therefore  think  this  a 
greater  afpcrfion  on  the  Colonifts,  than  to 
charge  them  with  a  delign  to  revolt,  in  the 
fenfein  which  the  Gentleman  allows  they  have 
been  abufed  :  It  is  a  more  artful  and  dangerous 
way  of  attacking  oqr  liberties,  than  to  charge 
us  with  being  in  open  rebellion.  That  could 
be  confuted  mftantly  :  but  this  (e'.'ming  indirect 
way  of"  charging  the  colonies,  with  a  defire  of 
throwing  off  their  dependency,  requires  more 
pains  to  confute  than  the  other,  therefore  it 
has  been  recur'-ed  to.  The  truth  is,  Gentle- 
men have  had  departments  in  America,  the 
fundions  of  which  they  have  not  been  fortu- 
nate in  executing.  The  people  have  by  thcfe 
means  been  rendered  uneafy,  at  bad  Provincial 
Mcafu  cs.  They  have  been  reprefented  as 
fadious,  feditious,  and  inclined  to  democracy, 
whenever  they  have  refufed  paflive  obedience 
to  provincial  mandates,  as  arbitrary  as  ihofe  of 
a  TuikiCh  Balhaw :  I  fav,  Provincial  man- 
dates;  for. to  the  King  and  Parliament  they 
have  been  ever  fubmifiive  and  obedient. 

Thefe  reprefentations  of  us,  many  of  the 
good  people  of  En  inland  fvvallow  with  as  much 
cafe,  as  they  would  a  bottle- bubble, <  or]  any 
other  ftory  of  acock  and  a  bull ;  and  the  worft 
of  it  is,  among  feme  of  the  moft  credulous, 
have  been  found  Stars  and  Garters.    However^ 

they 


<    ,   t 
I 


Ithe 
ich 
,ny 

)r{l 


{77  ) 
they  may  all  reft  aflurcd,  the  Colonifts,  who 
do  not  pretend  to  underftand  themfclves  fo 
well  as  the  people  of  England;  though  the 
author  of  the  A(?.iiiniftration  makes  them  the 
fine  comphment,  to  fay,  they  »•  know  their 
bufinefs  much  better,"  yet,  will  never  think 
of  independency.  Were  ihey  inclined  to  it, 
they  know  the  blood  and  the  treafure  it  would 
coft,  if  ever  f  ffeded  \  and  when  done,  it 
would  be  a  thoufand  to  one  if  their  liberties 
jdid  not  fall  a  facrifice  to  the  vidlor. 

We  all  ihink  oarfelvei  happy  under  Great- 
Britam.     We  In-e,  efteem  and  reverence  our 
moiher- country,  and  adore  our  King,     And 
cou'.d  the  choice  of  independency  be  offered 
the  colonies,  or  fubjedtion   to  Great-Britain 
ppon  any  terms  above  abfolute  flavery,  I   am 
convinced  they  would  accept  the  latter.     The 
miniftry,  in   all  future  generations,  may  rely 
op  it,    that  Britilh  America  will  never  prove 
unditifiil,  till  driven   to  it,  as  the  laft  fatal  re- 
fort  againft  minift'^rial  oppreflion,   which  will 
make  the  wife^mad,  and  the  weakeft  ftrong. 
Theie  colonies  are,  and  always  have  been, 
"  entirely   lubjetl  to  the  crown,"  in  the  legal 
lenfe  of  the  terms.     But  if  any    politician  of 
**  ^tampering  adlivity,  of  wrong-headed  ex- 
perience, rnifled  to  be  meddling,"  means,  by 
"  curbing  the  colonies  in  time,"  and  by  **  be- 
ing made  entirely  fubjed  to  the  crown  ;"  that 
this  fubjedlion  ihould  be  abfolute,  and  confined 
to  the  crown,  he  had  better  have  fuppreffed 
his  wifties.     This  never  will  nor  can  be  done, 

with- 

•   Admioillration  34, 


I 

I; 


I: 


' 


fii*  ' 


r 


( 73 ) 

without  making  the  colonics  vaffals  of  the 
crown.  SubjedU  they  are  ;  their  lands  they 
hold  of  the  crown,  by  common  foccage,  the 
freeft  feudal  tenure,  by  which  any  hold  their 
lands  in  England,  or  any  where  elfe.  Would 
this  gentleman  carry  us  back  to  the  (late  of 
the  Goths  and  Vandals,  and  revive  all  the  mi- 
litary tenures  and  bondage  which  our  forefa- 
thers could  not  bear  ?  It  may  he  worth  no- 
thing here,  that  few,  if  any  indances  can  be 
given,  where  colonies  have  been  difpofed  to 
Jorlake  or  difobcy  a  tender  mother :  Bmi  hif- 
tory  is  full  of  examples,  that  ai  rnics  ftationed 
as  guards  over  provinces,  have  feized  the  prey 
for  their  general,  and  giv^en  him  a  crown  at 
the  expence  of  his  maflcr.  Are  all  ambitious 
generals  dead  ?  Will  no  more  rife  up  here- 
after ?  The  danger  of  a  (landing  army  in  re- 
mote provinces  is  much  greater  to  the  metro- 
polis, than  at  home.  Rome  found  the  truth 
of  this  alTcrtion,  in  her  Sylla's,  her  Pompcy's 
and  Caefars;  but  (lie  found  it  too  late  :  Eigh- 
teen hundred  years  have  rolled  away  fince  her 
ruin.  A  continuation  of  the  fame  liberties 
that  have  been  enjoyed  by  the  colonics  ijnce 
the  revolution,  and  the  /ame  moderation  of 
government  exercifed  towards  them,  will  bind 
them  in  perpetual  lawful  and  willing  fubjedion, 
obedience  and  love  to  Great-Britain  :  She  and 
her  Colonies  will  both  profper  and  flourish : 
The  monarchy  will  remain  in  found  health 
and  full  vigour  at  that  bleffed  period,  when 
the  proud  arbitrary  tyrants  of  the  continent 
fhall  either  unite  in  the  deliverance  of  the  hu- 
man 


I 
i 
1 
I 
\ 

I 
* 

c 

f 
f 

F 


(  79) 

man  race,  or  rcfign  their  crowrs.  Rcfcucd, 
human  nature  muft  and  will  be,  from  the  ge- 
neral flavery  that  has  fo  long  triumphed  over 
the  fpccics.  Great-Britain  has  done  much  to- 
wards it :  What  a  glory  will  it  be  to  her  to 
complete  the  work  throughout  the  world! 

The  author  of  the  Adminiftration  Cpage  54) 
"  dcfcribes"  the  defedsof  *'  provincial  courts," 
by  a  "  very  defcription,"  the  firft  trait  of  which 
is,  **  The  ignorance  of  the  judges."  Whe- 
ther the  defcription,  or  the  defcription  of  the 
defcription,  arc  veri/y  true,  either  as  applied 
by  Lord  Hale,  or  the  adminiftrator,  is  left  to 
the  reader.  I  only  afk,  who  makes  the  judges 
in  the  provinces  ?  I  know  of  but  two  colo- 
nies, viz.  Connecticut  and  Rhode-Ifland, 
where  they  are  chofen  by  the  people.  In  all 
other  colonies,  they  are  immediately  appoint- 
ed by  the  crown,  or  by  his  Majefty  V  gover- 
nor, with  the  advice  of  what  the  Adminiftra- 
lor  calls,  the  "  governor*s  council  of  flate." 
And  if  they  are  in  general  fuch  ignonnt  crea- 
tures, as  the  Adminiftratordefcribcs  them,  it 
is  the  misfortune,  not  the  fault  of  the  people, 
in  the  colonies.  However,  I.believe,  juftice 
in  general,  is  as  well  adminifltred  in  thecolo* 
nies,  as  it  will  be  when  every  thing  is  de- 
volved upon  a  court  of  admiralty,  general  or 
provincial.  The  following  is  very  remakable : 
**  In  thofe  popular  governments,  and  where 
every  executive  officer  is  under  a  dependence 
for  a  temporary,  wretched,  and  I  had  almoft 
faid  arbitrary  fupport,  on  the  deputies  of  the 
people  *."  Why 

•  Adminnift.    59. 


4\ 


ppSkji 


(po) 

^  Why  is  ih6  tehiporary  fupport  found  fafuft 
with?  Would  it  be  wife  to  give  a  governor 
a  falary  for  a  longer  time  than  his  political 
life?  As  this  is  quite  as  uncertain  as  his  na- 
tural life,  it  has  been  granted  annuaHy.  So 
every  governor  has  the  chance  of  one  year's 
falary  after  he  is  dead.  All  the  king's  offi- 
cers are  not  even  in  the  charier  provinces 
"  dependent  on  the.people"  for  fupport.  The 
judges  of  the  admiralty,  thofe  mirrors  of  juf- 
tice,  to  bs  trufted,  when  ifone  of  the  cam- 
HiOn  law  couris  are,  have  all  their  commif- 
fions  from  home.  Thefe,  befides  other  fees, 
have  fo  much  per  cent,  on  all  they  condemn, 
be  it  right  or  wrong,  and  ihh  by  aSi  of  parlta- 
mcnt.  Yet  fo  great  is  their  integrity,  that  it 
never  was  fufpeded  that  50  per  cent^  if  al!ow- 
edj  would  have  any  influence  on  their  decrees. 
Cuftom-houfe  officers  univerfally,  and  Na- 
val officers,  in  all  but  two  or  three  of  the  co- 
lonies, are,  I  believe  appointed  direcftiy  from 
home,  or  by  inftrudtion  to  the  Governor: 
and  take  jull:  what  they  plcafe,  for  any  re- 
ftraint  they  are  under  by  the  provincial  acfls. 
But  on  whom  fhould  a  governor  depend  for 
his  honourable  fupport,  but  the  people  ?  In 
not  the  King  fed  from  'he  field,  and  from  the 
labour  of  his  people  r  Does  not  his  Majefty 
himfelf  receive  his  aids  from  the  free  grant  of 
bis  parliament  ?  Do  not  all  thefe  originate  in 
the  houfe  of  commons?  Did  the  houfe  of 
Lords  ever  originate  a  grant?  Do  not  our  law 
books  inform  us  that  the  Lords  only  afL-nt  or 
diflent,  but  never  fo  much  as  propoic  an  a- 

mendment 


(8,  ) 

mendmitnt,  on  a  money  bill  ?  The  King  can  t 
take  no  more  than   the  parliament  will  give  • 
him,    and  yet   fomc  of  his  Governors  have  , 
thought  it  an  imuffV-'able  hardship,  that  they  ; 
could  not  take  what  they  pleafed.     To  take: 
leave  of  the  Adminiitrator,  there  sre  in  his  - 
book  fome  good  hints,  but  a  maltipllcity  of , 
miftakes  in  fad:,  and  errors  in  matters  of  right,  . 
which  I  have  not  time  to  mention  particularjy.  - 
Ireland  is  a  corqueied  kingdom  -,  and  yet 
have  thought  they  leceived  very  hard  meafure  • 
in  fome  of  the  prohibitions  and  reftrictions  of, 
their  trade.     But  were  the  colonies  ever  con- . 
quered  ?  Have  they  not  been  fubjed^  and  obe- . 
dient,  and  loyal  from  their  fettlement  ?  Were, 
not  the   fettlements  made  under,  the  Bntifli - 
laws  and   conftituticn  ?    But  if  the   colonies 
were  all  to  be  cc-nfidered  as  conquered,  they 
are  entitled  to  the  eflential  rights  of  men  and 
citizens.     And  therefore  admitting  the  right 
of  prohibition,  in  its  utmofl  extent  and  lati- 
tude ;  a  right  of  taxation  can  never  be  inferred 
from  that.     It  may  be  for  the  good  of  the 
whole,  that  a  certain  commodity  (hould  be 
prohibited  :  but  this  power  fhould  be  exer- 
cifed,  with  great  moderation  and  impartiality, 
over  dominions,  which  are  r\ot  reprefented.^  in 
the  national  parliament.     I  had  however  ra- 
ther fee  this  carried  with  a  high  hand,  to  the 
utmoft  rigour,  than  have  a  tax  of  one  ihilling 
taken  from  me  without  my  con.{i;nt.     A  peo- 
ple may  be  very  happy,  free  and  eafy  among 
themfelves,    without   a  particular  branch  of 
foreign  trade ;  I  am  fure  thefe  colonies  have  the 

M     •  natural 


m 


ii 


•  'Ji 


■^  ■      .  (  80 

natural  mdans  of  every  manufadare  in  Europe  t" 
and  ibme  that  are  out  of  their  power  to  make 
or  produce.  It  will  fcarcely  be  believed  a 
hundired  years  hence,  that  ♦he  Amerr  "o  ma- 
nufactures could  have  been  brought  to  fuch 
perfedlion,  as  they  will  then  probably  be  in,  if 
the  prefent  meafures  aie  pufhed  One fingle  ad 
of  parliament,  we  find  has  fet  people  a  think- 
ing, in  fix  months,  more  than  they  had  done 
in  their  whole  lives  before.  It  (liould  be  re- 
membered, hat  the  moft  famous  iind  flourifli- 
ing  manufacturcv-,  of  wool,  in  France,  were 
begun  by  Lewis  XIV.  not  an  hundred  years 
ago  ',  and  they  now  bid  fair  to  rival  the  Eng^ 
lijh,  in  every  port  abroad.  All  the  manufac- 
tunes  that  Great-Britain  co'.dd  make,  would  be 
confurned  in  America,  and  in  her  own  plan- 
tations, if  put  on  a  right  footing  j  for  which  a 
greater  profit  in  return  would  be  made,  than 
j!lie  will  ever  fee  again  for  woollen  fent  to  any 
pisrt  of  Europe. 

But  though  it  be  allov/ed,  that  liberty  may 
be  enjoyed  in  a  comfortable  meafure,  where 
prohibitions  are  laid  on  the  trade  of  a  kingdom 
or  province ;  yet  if  taxes  aie  laid  on  either, 
iviihout  confent,  they  cannot  be  faid  to  be  free. 
This  barrier  of  liberty  being  once  broken 
down,  all  is  loft.  If  a  fhiiling  in  the  pound 
may  be  taken  from  me  againft  my  will,  why 
may  not  twenty  {hillings  ?  and  if  fo,  why  not 
my  liberty  or  my  life  ?  Merchants  were  al- 
ways particularly  favoured  by  the  common 
law  — *♦  All  merchants,  except  enemies,  may 
fafely  come    into  Englavdy  with  their  goods 

and 


( h ) 

and  merchandize" — 2  lift. —  iS.r— And  why 
not  as  well  to  the  plantations  f  Are  they  not 
entitled  to  all  the  Britifh  privileges?  No,  they 
iiiufl:  be  confined  in  their  imports  and  exports, 
to  the  good  of  the  metropolis.    Very  well,  we 
have  fubmitted  to  this.     The  adl  of  naviga- 
tion is  a  good  a(5l,  fo  are  all  that  exclude  fo- 
reign manufaclures  from  the  plantations,  and 
every  honeft  man    will    readily  fubfcribe  to 
them.     Moreover,  "  Merchant  ftrangers,  are 
alfo  to  come  into  the  realm  and  depart  at  plea- 
fure  J  and  they  are  to  be  friendly  entertained.'* 
2  Ri.  C.  I.  But  to  promote  the  manufa6tui€S 
oi England,  it  is  thought  beft  to  Ihut  up  the 
colonies  in  a  manner  from  all  the  world.    Right 
as  to  Europe :  but  for  God's   fake,  muft  we 
have  no   trade  with  other  colonies?  In  fome 
cafes  the  trade  between  Britifi  colony  and  co-^ 
lony  ispiohibited,  as  in  wool,  Gfr.    Granting 
all  this  to  be  right,  is   it    not  enough  ?  No, 
duties  and  taxes  muft  be  paid  without  any  con^ 
fent   or  reprefentation    in   parliament.      The 
common  law,  that  ineflimable  privilege  of  a 
jury,  is  alfo  taken  away  in  all  trials  in  the  cp- 
lonies,  relating  to  the  revenue,  if  the  inform- 
ers have  a  mind  to  go  to  the  admiralty  ;  as 
they  have  ever  done,  and  ever  will  do,  for 
very  obvious   reafons.      **  It  has   ever  been 
boafted,  fays  Mr.  Dummer,  in  his  defence.of 
the  charters,  as  the  peculiar  privilege  of  an 
Englifliman,  and  the  fecurity  of  his  property, 
to  be  tried  by  his  country,  and  the  laws  of  the 
land :  whereas  this  admiralty  method  deprives 
him  of  both,  as  it  puts  his  eftate  in  the  dif- 

M  2  pofal 


<n 


« ' 


•  ( 84 ) 

pofal  of  a  fingle  perfon,  and  makes  the  civil 
law  the  rule  of  judgment  j  which  though  if 
may  not  properly  be  called  foreign,  being  the 
law  of  nations,  yet  it  is  what  he  has  not  con- 
fented  to  himfelf,  nor  his  reprefentative  for 
him.  A jurifdi(5tion  therefore fo founded,  ought 
not  to  extend  beyond  what  nccejjity  requires." 
— '*  If  fome  bounds  are  not  fet  to  the  jurifdic- 
tion  of  the  admiralty,  beyond  which  it  fhall 
not  pafs,  it  may  in  time,  like  the  element  to 
which  it  ought  to  be  confined,  grow  outrage- 
ous, and  overflow  the  banks  of  all  the  other 
courts  of  juftice."  I  believe  it  has  never  been 
doubted  hy  one  found,  common  lawyer  of 
England,  whether  a  court  of  admiralty  ever 
anfwered  many  good  ends ;  "  the  court  of 
King's  Bench  has  a  power  to  reftrain  the  court 
of  admiralty  in  England;  and  the  reafons  for 
fuch  retraining  power  are  as  flrong  in  New- 
England  as  in  Great-Britain,"  and  in  fome  ref- 
pedtsmorefo:  yet  Mr.  Dummer  mentions,  a 
clamour  that  was  raifed  at  home  by  a  judge  of 
the  admiralty  for  New-England,  who  com- 
plained **  that  the  common  law  courts  by 
granting  prohibitions,  weaken,  and  in  a  man- 
ner fupprefs  the  authority  of  this  court,  and  all 
the  good  ends  for  which  it  was  conftitutcd." 
Thus  we  fee,  that  the  court  of  admiralty  long 
ago  difcovcred,  no  very  friendly  difpoCtion 
towards  the  common  law  courts  here;  and  the 
records  of  the  houfe  of  reprefentatives  aftord 
us  a  notable  inflance  of  one,  who  was  expelled 
the  houfe,  of  which  he  had  been  an  unworthy 
.,  **    .      nvcmber. 


'  '1 


fififember,  for  tlie  abufive  mifreprefentations  of 
the  province,  by  him  fecretly  made. 

Trade  and  traffic,  fays  lord  Coke,  '*  Is  the 
livelihood  of  a  merchant,   the  life  of  the  com- 
monwealth, wherein  the  King  and  every  fub- 
jed:  hath  intereft;    for  the  merchant  is  the 
good  Bailiff  of  the  realm,  to  export  and  verit 
the  native  commodities  of  the  realm,  and  to 
import  and  bring  in,  the  necefiary  commodi- 
ties for  the  defence  and  benefit  of  the  Realm 
—2  Inft.  28.  reading  on  Magna  Charta,  C. 
15 — And  are  not  the  merchants  of  Britifli  A- 
merica  entitled  to  a  livelihood  alfo  ?  Are  they 
not  Britifh  fubjedts?    Are  riOt  an  infinity  of 
commodities  carried  from  hence  for  th  benefit 
of  the  realm,  for  which  in  return  come  an  irt- 
finity  of  trifles,  which  we  could  do  without  ? 
Manufadtures  we  muft  go  into  if  our  trade  js 
cut  off;  our  country  is  too  cold  to  go  naked 
in,  and  we  fhall  foon  be  unable  to  make  re- 
turns to  England  even  for  neceffaries. 

**  When  any  law  or  cuftom  of  parliament 
is  broken,  and  the  crown  poffefled  of  a  pre- 
cedent, how  difficult  a  thing  is  it  to  reftofe  the 
fubjeCt  again  to  his  former  freedom  and  fafe- 
ty?**  2  Inft.  on  the  confirmation  of  the  great 
charter — which  provides  in  thefe  words : 
••  And  for  fo  much  as  divers  people  of  our 
realm,  are  in  fear,  that  the  aids  and  tafks 
which  they  have  given  to  us  before  time,  to- 
wards our  wars,  and  other  bufinefs  of  their 
'  own  grant  and  good  will  (howfoever  they  were 
made)  might  turn  to  a  bondage  to  them  and 
their  heirs,  becaufe  they  might  be  at  another 

time 


;|ii^ 

l!i;i: 


f 


u 


(  86  ) 

time  found  in  the  rolls,  and  likewife  for  the 
pieces  taken  throughout  the  realm  by  our  mi- 
nifters:  we  have  granted  for  us  and  our  heirs, 
that  we  fhall  not  draw  fuch  aids,  tafks  nor 
prices  into  a  ciiflom,  for  any  thing  that  hath 
been  done  heretofore,  be  it  by  roll,  or  any 
other  precedent  that  may  be  founden."  •  ,,.  . 
By  the  firft  chapter  of  this  ad,  the  great 
charter  is  declared  to  be  the  common  law.  I 
would  alk,  whether  we  have  not  reafon  to 
fear,  thai  the  great  aids,  freely  given  by  thefe 
provinces  in  the  late  war,  will  in  like  manner 
turn  to  our  bondage,  if  they  are  to  be  kept  on 
and  increafed  dnnng  a  peace,  for  the  maintain- 
ing of  2ijianding  army  here  ? — If  it  is  faid  thofe 
aids  were  given  for  our  own  immediate  defence, 
and  that  England  fpent  millions  in  the  fame 
caufe,  I  anfwer.  The  names  of  his  prefent 
Majefty,  and  his  royal  Grandfather,  will  be 
ever  dear  to  every  loyal  Britiih  American,  for 
the  protection  they  afforded  us,  and  the  falva- 
tion,  under  God,  eiFedted  by  their  arms  j  but 
with  regard  to  our  fellow-fubjedts  of  Britain, 
we  never  were  a  whit  behind  hand  with  them. 
The  New-England  Colonies  in  particular, 
were  not  only  fettled  without  the  leaft  cx- 
pence  to  the  mother  country,  but  they  have 
all  along  defended  themfelves  againft  the  fre- 
quent incurfions  of  the  muft  inhuman  Savages, 
perhaps  on  the  face  of  the  whole  earth,  at 
their  own  coll :  Thofe  more  than  brutal  men» 
fpirited  and  directed  by  the  moft  inveterate, 
as  well  as  the  moft  powerful  enemy  of  Great 
JBritarn,  have  been  conftantly  annoying  our  in- 
fant 


(  87  ) 

fant  fettlcments   for   more  than  a  century; 

fp reading  terror  and  defolation,  and  fometimes 
depopulating  whole  villages  in  a  night :  yet 
amidft  the  fatigues  of  labour,  and  the  hor- 
rors of  war  and  bloodflied.  Heaven  vouch-' 
fafed  its  fmiles.  Behold,  an  extenfive  terri- 
tory, fettled,  defended,  and  fecured  to  his 
Majefty,  I  repeat  it,  without  the  leafi  expence 
to  the  mother  country,  till  within  twenty  year* 
paft! — Whzn  Louifbourg  wt%  reduced  to  hig 
late  Majefty,  by  the  valour  of  his  New-Eng* 
land  fubjed:s,  the  parliament,  it  mu/l  be  own^ 
ed,  faw  meet  to  refund  part  of  the  charges: 
And  every  one  knows  the  importance  oi  Louis-' 
bourgh,  in  the  confultations  oi  Aix  la  Chapelki 
but  for  the  lofs  of  our  young  men,  the  richee 
and  ftrength  of  a  country,  not  indeed  flaia 
by  the  enemy,  but  overborne  by  the  uncom- 
mon hardfhips  of  the  fiege,  and  their  con- 
finement in  garrifon  afterwards,  there  could 
be  no  recompence  made. — In  the  late  war, 
the  northern  colonies  not  only  raifed  their  full 
quota  of  men,  but  they  went  even  beyond 
their  ability;  they  are  ftill  deeply  in  debt, 
notwithftanding  the  parliamentary  grants  an- 
nually made  them,  in  part  of  their  expenceS, 
in  the  common,  nat'wnaU  caufe :  Had  it  not 
been  for  thofe  grants,  they  had  all  been  bank- 
rupt long  ago  J  while  the  fugar  colonies  h^w^ 
borne  little  or  no  fharc  in  it:  They  indeed  fent 
a  company  or  two  of  Negroes  and  Molattoes, 
if  this  be  worth  mt  ntioning,  to  the  lieges  of 
Guadaloupe,  Martinico  and  the  Havanna: 
I  do  not  recoUedt  any  thing  elfc  that  they  hare 

done ; 


I'- 


• 


I « 


(  88  ) 

done;  while  the  flower  of  our  youth  were 
annually  preffed  by  ten  thoufands  into  the  fer- 
vice,  and  there  treated  but  little  better,  as  we 
have  been  told,  than  hewers  of  wood  and 
drawers  of  water.  Provincial  adls  for  impref- 
•fing  were  obtained,  only  by  letters  of  requi- 
iition  from  a  fecretary  of  ftate  to  a  Governor ; 
requiring  him  to  ufe  his  influence  to  raife  men; 
and  fometimes,  more  than  were  afked  for  or 
wanted,  were  prelTed,  to  give  a  figure  to  the 
Governor,  and  fliew  his  influence ;  a  remark- 
able inftance  of  which  might  be  mentioned. 
I  would  further  obferve,  that  Great-Britain 
was  as  immediately  interefted  in  the  late  war 
in  America,  as  the  colonies  were.  Was  fhe 
not  threatened  v^^ith  an  invafion  at  the  fame 
time  we  were  ?  Has  fhe  not  an  immenfe  trade 
to  the  colonies  ?  The  Britifli  writers  fay,  more 
than  half  her  profitable  trade  is  to  Amenca  : 
AH  the  profits  of  our  trade  center  there,  and 
IS  little  enough  to  pay  for  the  goods  we  import. 
A  prodigious  revenue  arifes  to  the  Crown  on 
American  exports  to  Great-Britain,  which  in 
general  is  not  murmured  at :  No  manufacture 
of  Europe  Lcfides  Britifli,  can  be  lawfully 
brought  here;  and  no  honeft  man  defires  they 
ever  (hould,  if  the  laws  were  put  in  execution 
upon  all.  With  regard  to  a  few  Dutch  im- 
ports that  have  made  fuch  a  noife,  the  truth 
is,  very  little  has  been  or  could  be  run,  be- 
fore the  apparatus  of  guardfhips;  for  the  ofia- 
cers  of  fome  ports  did  their  duty,  while  others 
may  have  made  a  monopoly  of  fmuggling 
for  a  few  of  their  friends,  who  probably  paid 
i-      i  them 


lii 


(  89  ) 

them  large  contributions ;  for  it  has  been  ob- 
ferved,  that  a  very  fmall  office  in  the  cuftoms 
in  America  has  raifed  a  man  a  fortune  fooner 
than  a  government.  The  truth  is,  the  ads  of* 
trade  have  been  too  often  evaded;  but  by 
whom  ?  Not  by  the  American  merchants  in 
general,  but  by  fome  former  cuftom-houfe 
officers,  their  friends  and  partizans.  I  name 
no  man,  not  being  about  to  turn  informer : 
But  it  has  been  a  notorious  grievance,  that 
when  the  King  himfelf  cannot  difpenfe  with 
an  a6t  of  parHament,  there  have  been  cuftom- 
houfe  officers  who  have  pra(ftifed  it  for  years 
together,  in  favour  of  thofe  towards  whom 
they  were  gracioufly  difpofed. 

But  to  return  to  the  fubjedt  of  taxation  :  I 
find  that  "  the  lords  and  commons  cannot  be 
charged  with  any  thing  for  the  defence  of  the 
realm,  for  the  fafe-guard  of  the  fea,  &c\  un- 
lefs  by  their  wi//  in  parliament." 

Ld.   Coke,  on  Magna  Charta,  Cap.  30. 

**  Impofitions  neither  in  time  of  war,  or 
other,  the  greateft  neceffity  or  occafion  that 
may  be,  much  lefs  in  the  time  of  peace,  nei- 
ther upon  foreign  or  inland  commodities,  of 
what  nature  foever,  be  they  never  fo  fuper- 
fluous  or  unnecefTary,  neither  upon  merchants, 
ftrangers,  nor  denizens,  may  be  laid  by  the 
King's  abfolute  power,  without  aiTent  of  par- 
liament, be  it  never  for  fo  Ihort  a  time." 

Viner  Prerogative  of  the  King. 

Ea.  I.  cites  2  Molloy.  320  Cap.  12.  fee,   !• 

*•  In  the  reign  of  Edward  III.  the  Black 
Prince  of  Wales  having  Aquitam  granted  to 

m  him. 


9 


,  (  90  ) 
him,  did  lay  an  impofition  of  fuage  or  focage 
a  foco,  upon  his  fubjedts  of  that  dukedom, 
viz,  a  (hilling  for  every  fire,  called  hearth  fil- 
ver,  which  was  of  fo  great  difcontentment 
and  odious  to  them,  that  it  made  them  revolt.. 
And  nothing  fince  this  time  has  been  impofed 
by  pretext  of  any  prerogative,  upon  merchan- 
dizes, imported  into  or  exported  out  of  this 
realm,  until  Queen  Mary's  time."  2  Inft.  61. 

Nor  has  any  thing  of  that  kind  taken  place 
fince  the  revolution.  King  Charles  I.  his  fhip- 
money  every  one  has  heard  of. 

It  may  be  faid  that  thefe  authorities  will 
not  ferve  the  colonifts,  becaufe  the'  duties  laid 
on  them  are  by  parliament.  I  acknowledge 
the  difference  ot  fadt;  but  cannot  fee  the 
great  difference  in  equity,  while  the  colonifts 
are  not  reprefented  in  the  houfe  of  commons  : 
And  therefore  with  all  humble  deference  I. ap- 
prehend, that  till  the  colonifts  are  fo  repre- 
fented, the  fpirit  of  all  thefe  authorities  will 
argue  ftrongly  in  their  favour.  When  the 
parliament  Thall  think  fit  to  allow  the  colonifls 
a  reprefentation  in  the  houfe  of  commo  is,  the 
equity  of  their  taxing  the  colonies  will  be  as 
clear  as  their  power  is  at  prefent  of  doing  it 
without,  if  they  pleafe.  When  Mr.  Dum- 
mer  wrote  his  defence  of  the  charters,  there 
was  a  talk  of  taking  them  away,  by  adl  of 
parliament.  This  defence  is  dedicated  to  the 
right  honourable  the  Lord  Carteret,  then  one 
of  hit  Majefty's  principal  fecretaries  of  ftate, 
fince  Earl  of  Granville.  His  third  propofition 
is,  that  **  it  is  not  for  the  intereft  of  the  cro^n 

to 


*♦      / 


(  91  ) 

to  refume  the  charters,  if  forfeited."     This" 

he  proves ;  as  alfo  that  it  would  be  more  for 
the  intcrefl:  of  Great-Britain  to  enlarge,  rather 
than  diminifli,  the  privilege  of  all  the  colo- 
nifts.  His  lafl:  propofition  is,  that  it  **  fee^ns 
inconfiftent  with  juftice  to  disfranchife  the 
charter  colonies  by  an  a6t  of  parliament." 

**  It  feems  therefore,  fays  he,  a  feverity 
without  a  precedent,  that  a  people,  who  have 
the  misfortune  of  being  a  thoufand  leagues 
diftant  from  their  fovereign,  a  misfortune  great 
enough  in  itfelf,  Ihould,  unfummoned,  un- 
heard, in  one  day,  be  deprived  of  their  valua- 
ble privileges,  which  they  and  their  fathers 
have  enjoyed  for  near  a  hundred  years."  It  i€ 
true,  as  he  obferves,  "  the  legiflative  power 
is  abfolute  and  unaccountable,  and  King,  lords 
and  commons,  may  do  what  they  pleafe ; 
but  the  queftion  here  is  not  about  power,  but 
rig/jt"  (or  rather  equity)  **  and  fhall  not  the 
fupreme  judicature  of  all  the  nation  do  right?" 
**  One  may  fay,  tnat  what- the  parliament  can- 
not do  juO' .',  they  cannot  do  at  all.  In  maxi- 
mis  minima  i^  ^  licenttu .  The  higher  the  power 
is,  the  greater  caution  is  to  be  ufed  in  the  exe- 
cution uf  it ;  becaafe  rhe  fufFerer  is  helplefs 
and  without  refort."  I  never  heard  that  this 
reafoning  gcive  any  offence.  Why  Ihould  it  ? 
Is  it  not  ex  i.^ly  a^;reeable  to  the  decilions  of 
parliament  and  ilic  dcterm' nations  of  the  high- 
eft  executive  courts  ?  (See  the  Appendix.) 
B'.^t  if  it  was  thought  hard  that  charter  privi- 
lege; ihould  be  taken  away  by  a6l  of  parlia- 
rneii.,  is  it  not  much  harder  to  be  in  part,  or 

N  2  in 


i 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


4 


// 


^/ 


■^^ 

€?y 


,.<fA^ 


:a 


v.. 


y 
^ 


& 
^ 


1.0    If 


LI 


1.25 


^  IlilM 

I4£ 


131 


2.5 


12.2 


\l   i 


;16      ^^^ 


1^ 


1.4 


2.0 


1.8 


1.6 


p> 


<^ 


/] 


7 


'^1 


^  %  .»^ 


/^ 


"^"'^'^ 


of/, 


Photographic 

Sciences 

Corporation 


23  WFS I  MAIN  STREET 

<  V -BSTER,  N.Y.  14580 

(716)  872-4503 


A' 


4. 


LJ? 


% 


( 92 ) 

itk  whole,  disfranchifed  of  rights,  that  have 
been  always  thought  inherent  to  a  Britifh  fub- 
je^,  namely,  to  be  free  from  all  taxes,  but 
what  he  confents  to  in  perfon,  or  by  his  re- 
prefentative  ?  This  right,  if  it  could  be  traced 
no  higher  than  Magna  Charta,  is  part  of  the 
common  law,  part  of  a  Britifh  fubjed:s  birth- 
right, and  as  inherent  and  perpetual,  as  the 
duty  of  allegiance ;  both  which  have  been 
brought  to  thefe  colonies,  and  have  been  hi- 
therto held  facred  and  inviolable,  and  I  hope 
and  trufl  ever  will.  It  is  humbly  conceived, 
that  the  Britifli  colonics  (except  only  the 
conquered,  if  any)  are,  by  Magna  Charta,  as 
well  entitled  to  have  a  voice  in  their  taxes,  as 
the  fubjedts  within  the  realm.  Are  wcnot  as 
really  deprived  of  that  right,  by  the  parlia- 
ment afleffing  us  before  we  are  reprefented  in 
the  houfe  of  commons,  as  if  the  King  fhould 
do  it  by  his  prerogative  ?  Can  it  be  faid  with 
any  colour  of  truth  or  juftice,  that  we  are  re- 
prefented in  parliament  ? 

As  to  the  colonifls  being  reprefented  by  the 
provincial  agents,  I  know  of  no  power  ever 
given  them,  but  to  appear  before  his  Majefty, 
and  his  miniftry.  Sometimes  they  have  been 
directed  to  petition  the  parliament :  But  they 
none  of  them  have,  and  I  hope  never  will 
have,  a  power  given  them,  by  the  colonift, 
to  a6t  as  reprefentatives,  and  to  confent  to 
taxes ;  and  if  they  fhould  make  any  concef- 
fions  to  the  miniflry,  efpecially  without  order, 
the  provinces  could  not  by  that  be  conlidered 
as  reprefented  in  parliament. 

Hi' 


r 


I 


r 


(93)  • 

"  Wbernia  hahet  Parliamenta  G?  faciunt  leg£s 

et  nojlra  Jiatuta  non  ligant  eos,^  quia  non  mtttant 

tnilites  ad  Parliamentumy  fed  perfona  eorumfunt 

fubjeSli  Regis,  Jicut  inhabit  antes  Calince  Gafco-- 

nia  &  Guiennee, 

12  Rep.  III.  cites  R.  3.  12 — 

**  Ireland  hath  parliaments,  and  make  laws, 
and  our  ftatutes  do  not  bind  them,  becaufe  they 
fend  no  knights  to  parliament ;    but  their  per- 
fons  are  fubjeds  of  the  King,  as  the  inhabi- 
tants of  Guiene,  Gafcony,  &g." 

Yet,  if  efpecially  named,  or  by  general 
words  included  as  within  any  of  the  King's 
dominions,  Ireland,  fays  Ld.  Coke,  might 
be  bound.  4  Inft.  351. 

From  all  which  it  feems  plain,  that  the 
pcafon  why  Ireland  and  the  plantations  are  not 
bound,  unlefs  named  by  an  adt  of  parliament, 
is,  becaufe  they  are  not  reprefented  in  the  Bri- 
tifli  parliament.  Yet,  in  fpecial  cafes,  the 
Britiih  parliament  has  an  undoubted  right,  as 
well  as  power,  to  bind  both  by  their  adts. 
But  whether  this  can  be  extended  to  an  inde- 
finite taxation  of  both,  is  the  great  queftion* 
I  conceive  the  fpirit  of  the  Britiih  conftitution 
muft  make  an  exception  of  all  taxes,  until  it 
is  thought  fit  to  unite  a  dominion  to  the  realm. 
Such  taxation  muft  be  confidered  either  as  u- 
niting  the  dominions  to  the  realm,  or  disfran- 
chifing  them.  If  they  are  united,  they  will 
be  intitled  to  a  reprefentation,  as  well  as 
Wales  'y  if  they  are  fo  taxed  without  a  union, 
or  reprefentation,  they  are  fo  far  disfranchifed. 


'Jli. 


(94)'  ■    - 

I  do  not  find  any  thing  that  looks  like  a 
duty  on  the  colonies  before  the  25th  of  C.  IL^ 
c.  7.  impoling  a  duty  on  innumerated  com- 
modities. The  liberty  of  the  fubjedt  was  lit- 
tle attended  to  in  that  reign.  If  the  nation 
could  not  fully  affert  their  rights  till  the  revo- 
lution, the  colonies  could  not  expedt  to  be 
heard.  I  look  upon  this  adt  rather  as  a  pre- 
cedent of  power,  than  of  right  and  equity ;  if 
it  is  fuch,  it  will  not  affed:  my  argument.  The 
aft  appointing  a  tax  on  all  mariners,  of  a  cer- 
tain fum  per  month,  to  be  dedudted  out  of 
their  wages,  is  not  to  be  compared  with  this. 
Mariners  are  not  inhabitants  of  any  part  of, 
the  dominions :  the  fea  is  their  element,  till 
they  arc  decripit,  and  then  the  hofpital  is 
open  for  all  marines  who  are  Britifli  fubjedts 
without  exception.  The  general  poft-ofHce 
eftablifhed  through  the  dominions,  is  for  the 
convenience  of  trade  and  commerce  :  it  is  not 
laying  any  burden  upon  it^  for  befides  that 
it  is  upon  the  whole  cheaper  to  correfpond  in 
this  way  than  any  other,  every  one  is  at  liber- 
ty to  fend  his  own  letters  by  a  friend.  The 
aidl  of  the  6th  of  his  late  Majefty,  though  it 
impofes  a  duty  in  terms,  has  been  faid  to  be 
deligned  for  a  prohibition  -,  which  is  probable 
from  the  fums  impofed  i  and  it  is  pity  it  had 
not  been  fo  expreiled,  as  there  is  not  theleaft 
doubt  of  the  jufl  and  equitable  right  of  the  par- 
liament to  lay  prohibitions  through  the  domi- 
nions, when  they  think  the  good  of  the  whole 
requires  it.  But  as  has  been  faid,  there  is  an 
innnite  difference  between  that  and  the  exer- 

cife 


.         (  95  ) 

cife  of  unlimited  power  of  *  taxation,  over  the 

dominions,  without  allowing  them  a  repre- 
fentation  :' — It  is  faid  that  the  duties  impofed 
by  the  new  ac^  v/ill  amount  to  a  prohibition  : 
Time  only  can  afcertain  this.  The  utility  of 
this  ad:  is  fo  fully  examined  in  the  appendix, 
that  I  fhall  add  nothing  on  that  head  here.  It 
may  be  faid  that  the  colonies  ought  to  bear 
their  proportion  of  the  national  burdens  :  It 
is  juft  they  ftiould,  and  I  think  I  have  proved 
they  have  always  done  it  freely  and  cheerfully, 
and  I  know  no  reafon  to  doubt  but  they  ever 
will. 

Sometimes  we  have  been  confidered  only  as 
the  corporations  m  England  :  And  it  may  be 
urged  that  it  is  no  harder  upon  us  to  be  taxed 
by  parliament  for  the  general  caufe  than  for 
them,  who  befides  are  at  the  expence  of 
their  corporate  fubordinate  government*.  I 
anfwer,  i .  Thofe  corporations  are  reprefented 
in  parliament.  2.  The  colonies  are  and  have 
been  at  a  great  expence  in  raifmg  men,  build- 
ing forts,  and  fupporting  the  King's  civil  go- 
vernment here.  Now  I  read  of  no  governors 
and  other  officers  of  his  Majefty's  nomination, 
that  the  city  of  London  taxes  its  inhabitants  to 
fupport  I  I  know  of  no  forts  and  garrifons  that 
the  city  of  London  has  lately  built  at  its  own 
expence,  or  of  any  annual  levies  that  they  have 
raifed  for  the  King's  fervice  and  the  common 
caufe.  Thefe  are  things  very  fitting  and  pro- 
per to  be  done  by  a  fubordinate  dominion,  and 
xt  is  their  duty  to  do  all  they  are  able  -,  but  it 

feems 


e 


See  Adminiltutlon  of  the  Colonies. 


I  I 


*' 


;  ; 


r'l 


(96)  - 

fcems  but  equal  they  fliould  be  allowed  to  af-* 
fcfs  the  charges  of  it  themfelves.  The  ruled 
of  equity  and  the  principles  of  the  conftitution 
feem  to  require  this.  Thofe  who  judge  of  the 
reciprocal  rights  that  fublift  between  a  fu- 
preme  and  fubordinate  ftate  of  dominion,  by 
no  higher  rules  than  are  applied  to  a  corpora- 
tion of  button-makers,  will  never  have  a  very 
comprehenfive  view  of  them.  Yet,  forry  am 
I  to  fay  it,  many  elaborate  writers  on  the  ad-^ 
tninijiration  of  the  colonies ,  feem  to  me  never 
to  rife  higher  in  their  notions,  than  what  might 
be  expedted  from  his  fccretary  to  one  of  the 
quorum.  If  I  ftiould  be  ranked  among  this 
number,  I  {hall  have  this  confolation,  that  I 
have  fallen  into  what  is  called  very  good  com- 
pany, and  among  fome  who  have  feen  very 
nigh  life  below  ftairs.  I  agree  with  the  Ad- 
miniftrator,  that  of  whatever  revenues  raifed 
in  the  colonies,  if  they  muft  be  raifed  without 
bur  conlent,  *' the  Jirji  and  fpecial  appropria* 
tion  of  them  ought  to  be  to  the  paying  the  Go-" 
'ijernors,  and  all  the  other  Crown  officers i'*  for 
it  would  be  hard  for  the  Colonifts  to  be  obli- 
ged to  pay  them  after  this.  It  was  on  this 
principle  that  at  the  lail:  afTembly  of  this  pro- 
vince, I  moved  to  flop  every  grant  to  the  offi- 
cers of  the  Crown  j  more  eipecially  as  I  know 
fome  who  have  built  very  much  upon  the  fine 
falaries  they  (hall  receive  from  the  plantation 
branch  of  the  reveuue.  Nor  can  I  think  it 
•*  injuftice  to  the  frame  of  human  natuie*," 
to  fuppofe,  if  I  did  not  know  it,  that  with  fi- 

milar 

•  Adm.  p.  57. 


(97), 

tnilar  v?  v/s  feveral  officers  of  the  CTOwn  in  , 

fome  of  the  colonies  have  been  pufliing  for  fuch  . 
an  adt  for  many  years.      They  have  obtained 
their  wifli,  and  much  good  it  will  do  them : 
but  i  would  not  give  much  for  all  that  will , 
center  neat  in  the  exchequer,  after  dedu(5ting 
the  cofts  attending  the  execution  of  it,  and 
the  appropriations  to  the  feveral  officers  pro- 
pofed  by  the  Adminiftrator.     What .  will  be 
the  unavoidable  confequence  of  all  this,  fup- 
pofe  another  war  fhould  happen,  and  it  fhould 
be    neceflary    to   employ   as   many  provin- 
cials in  America,  as  in  the  laft?    Would  it 
be  poffible  for  the  colonics,  after  being  bur- 
thened  in  their  trade,  perhaps  after  it  is  ruin- 
ed, to  raifc  men?  Is  it  probable  that  they 
would  have  fpirit  enough  to  exert  themfelves  ? 
If  it  is  faid  the  French  will  never  try  for  A-» 
merica,  or  if  they  fhould,  regular  troops  are 
only  to  be  employed.     1  grant  our  regular 
troops  are  the  befl  in  the  world,  and  that  the 
experience  of  the  prefent  officers  fhews  that 
they  arc  capable  of  every  fpecies  of  American 
fervice ;  yet  we  fhould  guard  againil  the  worft. 
If  another  trial  for  Canada  fhould  take  place, 
which  from  the  known  temper  of  France,  we 
may  judge  fhe  will  bring  on  the  firfl  fair  op- 
portunity, it  might  require  30  or  40^000  re- 
gulars to  fecure  his  Majefly'sjufi  rights.    If  it 
fhould  be  faid,  that  other  American  duties  mufi: 
then,  be  levied,  befides  the  impoflibility  of  our 
being  able  to  pay  them,  the  danger  recurs  of 
a  large  flanding    army  fo  remote  from  home. 
.Whereas  a  good  provincial  militia,  with  fuch 

0  occafional 


i 


(98) 

occafional  fuccours  from  the  mother  country, 
a$  exigencies  may  require,  never  was,  and  ne- 
vtr  WUI  be  attended  with  hazard.  The  expe- 
rience of  paft  times  will  fhew,  that  an  army 
or  2o  or  30,000  veterans,  half  3000  milea 
frohi  Rome,  were  very  apt  to  proclaim  Cafars^ 
The  firft  of  the  name,  the  aflaffin  of  his  coun- 
try T6(wed  his  falfc  glory,  to  ftealing  the  affec-> 
ttohs  bf  ^n  army  from  a  commonwealth.  I 
hobe  thejfe  hints  will  not  be  taken  amifs ;  they 
Iteih  to  tjccur  from  the  nature  of  the  fubje^ 
I  fetin  uJ)oh  :  they  are  delivered  in  pure  affec- 
ttbn  to  my  King  and  Country,  and  amount  to 
no. reflexion  on  any  man.  The  beft  army, 
ihd  the  beft  men,  we  may  hereafter  have, 
AiSy  be  led  into  temptation ;  all  I  thirik,  is, 
tW  ia  prevention  of  evil  is  much  eafier  than 
a-deliVerahce  ftom  it. 

The  fom  of  my  krjiiment  is.  That  civil  go- 
vernment is  of  God :  that  the  adminiftrators 
of  'it  Were  originally  -the  whole  people :  that 
ihey  Mght  h^e  Revolved  it  on  wnom  they 
^leafed:  that  this  devolution  is  fiduciary,  for 
thb'^dod  of  tlie  whole:  that  by  the  Britifhcon- 
flittrtion,  this  devolution  is  on  the  King,  lbrd« 
iaiidcpmrtiohs,  the  fupi-eme,  facred  and  uncon*- 
iroiilable  legiflative  power,  not  only  in  the 
realhfi,  but  through  the  dominions:  that  by 
the  abdication,  the  original  compadt  was  bro-»« 
]ken  to  pieces:  that  by  the  revolution  it  was 
J^ehewed,  and  more  firmly  eftablifhed,  and 
the  i-ights  and  liberties  of  the  fubjeffc  in  aU 
parts  of  the  dominions,  more  fully  explained 
^nd .confirmed :  that  in  confcquencc  of  this 


tht 
I  by 

laH 

led 

lis 

ta- 


(  99  ) 
eftablifliment  and  the  adts  of  fucceffion  -and 
unfon,  his  Majefty  George  III.  is  rightful 
king  and  fovereign,  and  with  his  parliament, 
the  fupreme  legiflative  of  Great -Britain,  France 
^^d  Ireland,  and  the  dominions  thereunto  be«^ 
longing :  that  this  conftitution  is  the  moft 
free  one,  and  by  far  the  beft,  now  exifting  on 
earth  :  that  by  this  conftitution,  every  man  i^ 
the  dominions  is  a  free  man :  that  no  parts  of 
bis  Majefty's  dominions  can  be  taxed  without 
their  confent :  that  every  part  has  a  right  to  be 
reprefented  in  the  fupreme  or  fome  fubordiqate 
legiflature,  that  the  refufal  of  this,  would 
feem  to  be  a  contradiction  in  pradice  to  the 
theory  of  the  Conftitution :  that  the  colonies 
are  fubordinate  dominions,  and  are  now  in 
fuch  a  ftate,  as  to  make  it  beft  for  the  good  of 
the  whole,  that  they  Ihould  not  only  be  coi>^ 
tinned  in  the  enjoyment  of  fubordinate  legi- 
llation,  but  be  alio  reprefented  in  fome  pro- 
portion to  their  number  and  eftates  in  the 
grand  legiflation  of  the  nation  :  that  this  would 
firmly  unite  all  pa«-ts  of  the  Britifli  empire,  in 
the  greateft  peace  and  profperity ;  aiid  render 
j,t  invulnerable  and  perpetual.        '    "^    -  '^ 


t         ••         • 

■*\  V. 


.1 


( 

'■■':■-■  "^^  .'  ■*'•■'  'naif:    > 

'.        V, 

;  ''••■•■'7'r (">;"..'.*->  it!'.t*^l'^V^'",r.{ 

0  2 

"  ^     APPENDIX. 

.',  ■        :  1 . 

■'    .  .■  .,l^^^'■  -'      li        -,,.'« 

..!'.  ^^.^v:'.^\        \-  \   :-i  I/O.*  .-r?^ 

^f     < 


#w**»^wi" 


■  >  II J       I    ■ 


s 


»«** 


'M 


l"   ■■ 


f;r. 


A  P  P  E  N  D  I  X; 


r.^ 


^  ■ 


f^  •* 


The  City  of  Bofton^  at  their  Annual 

;  Meeting     in     May     1764,     made 

t  Choice  of  Richard   Dana^    J^f^pf^ 

*  '  Green^     Nathaniel    Bethune^    yohn 

.',  Ruddocky    Efqrs;    and  Mr,  Samuel 

-■  Adamsy  to  prepare  Instructions  for 

/  their  REPRESENTATIVES,       • 


-  -  ,-i  J  •  •  ■ 


< .  /  .■.. . 


..  '^; 


The  following  Inftru<ftIons  were  reported  by 

iaid  Committee,  and  unanimoufly  voted. 

-    -  i  -^ -•■  ••■•■ ■-■  •  •■  —  ■'  ■   ^    ■    '-  -■^'- 

To  Royal  Tjler^y  'James  Otis,  Tho- 
mas Cujhing^  and  Oxenbridge 
Thacher,  Efqrs.     ■   ,  ^  ;: 

Gentlemen, 

r' 

YOUR  being  chofen  by  the  freeholders 
and  inhabitants  of  the  town  of  Bojlon^ 
to  reprefent  them  in  the  General  AlTembly  the 
cnfuing  year,  affords  you  the  ftrongeft  teftimo- 
ny  of  that  confidence  (which  they  place  in  your 
integrity  and  capacity.     By  this  choice  they 

T  '"^ ! '.'Ii  ■♦•'*'^irt   ■  '•■?*--•  have 


■  ^ .  J,  1-t  ••  ♦ ..  t. 


:."tA    ' 


•  Now  of  the  honourable  bo^;  im  whole  room  was  returned 
yir.  Thomas  Qrey,  Merchant. 


41/ 


«    )■ 


(    lOI    ) 

have  delegated  to  you  the  power  of  adiilg  in 
their  public  concerns  in  general,  as  your  own 
Prudence  fhall  dire<ft  you  ;  always  referving  to 
themfelves  the  conftitutional  right  of  expreff- 
ing  their  mind,  and  giving  you  fuch  inftruc- 
tion  upon  particular  matters,  as  they  at  any 
time  fhall  judge  proper. 

We  therefore,  your  conftituents,  take  this 
opportunity  to  declare  our  juft  expectations 
from  you. 

That  you  will  conftantly  ufe  your  power 
and  influence  in  maintaining  the  invaluable 
rights  and  privileges  of  the  province,  of  which ' 
this  town  is  fo  great  a  part :  As  well  thofe 
rights  which  are  derived  to  us  by  the  royal 
charter,  as  thofe  which  being  prior  to  an  in- 
dependent on  it,  we  hold  eflentially  as  free- 
born  fubje(5ts  of  Great-Britain  5 

That  you  will  endeavour,  as  far  as  you  fliall 
be  able,  to  preferve  that  independence  in  the 
houfe  of  reprefentatives,  which  charaderifes 
a  free  people  5  and  the  want  of  which  may  in 
a  great  meafure  prevent  the  happy  eflTeds  of  a 
free  government :  Cultivating  as  you  (hall 
have  opportunity,  that  harmony  and  union 
there,  which  is  ever  defirable  to  good  men, 
when  founded  on  principles  of  virtue  and  pub- 
lick  fpirit ;  and  guarding .  again  ft  any  undue 
weight  which  may  tend  to  difadjuil  that  criti- 
cal balance  upon  which  our  happy  conftitu- 
tion,  and  the  bleflings  of  it  do  depend.  And 
for  this  purpofe,  we  particularly  recommend 
it  to  you  to  ufe  you-r  endeavours  to  have  a  law 
paffed,  whereby  the  feats  of  fuch  gentlemen 

as 


tin- 


I 


.1 


(    IC)2    ) 

as  (hall  accept  of  ports  of  profit  from  th« 
Crown,  or  the  Governor,  while  they  are  noem-i 
bcrs  of  the  houfe,  (hall  be  vacated,  agreeable 
to  an  adt  of  the  Britifli  parliament,  till  their 
conftituents  {hall  have  the  opportunity  of  re- 
de«fling  them,  if  they  pleafe,  or  of  returning 
Others  in  their  room. 

Being  members  of  the  leglflative  body,  you 
will  have  a  fpecial  regard  to  the  morals  of  this 
people,  which  are  the  bafis  of  public  happi- 
nefs ;  and  endeavour  to  have  fuch  laws  made, ' 
If  any  are  ftill  wanting,  as  (hall  be  heft  adapted 
to  fecure  them:  And  we  particularly  defire 
you  carefully  to  look  into  the  laws  of  excife,  ' 
that  if  the  virtue  of  the  people  is  endangered 
by  the  multiplicity  of  oaths  therein  enjoined, 
or  their  trade  and  bufinefs  is  unreafonably  im- 
peded 0** « embarraiTed  thereby,  the  grievance 
^pay  be  redrefled. 

As  the  prefervation  of  morals,  as  well  as 
property  and  right,  fo  much  depends  upon 
the  impartial  diftribution  of  juftice,  agreeable 
to  good  and  wholefome  law :  And  as  the 
judges  of  the  land  do  depend  upon  the  free 
grants  of  the  general  aflembly  for  fupport ;  it 
5S  incumbent  upon  you  at  all  times  to  give 
your  voice  for  their  honourable  maintenance, 
fo  long  as  they,  having  in  their  minds  an  in* 
difference  to  all  other  affairs,  jfhall  devote  them^ 
felvcs  wholly  to  the  duties  of  their  own  depart-* 
ment,  and  the  farther  fludy  of  the  law,  by 
which  their  cuftoms,  precedents^  proceedings; 
and  determinations  are  adjufted  and  limited. 

li^ou  win  remember  .that  this  jprpvince  hath 

be<i« 


HJ: 


been  at  a  very  great  cxpence  la  carryiilg  on 
the  war  j  and  that  it  ftill  lies  tinder  a  very 
grievous  burden  of  debt :  You  will  therefore 
ufe  your  utmoft  endeavour  to  promote  public 
frugality  as  one  means  to  ieubn  the  public 
debt,  i-i  'i  ■■•'••^  -'J'''*^  ,f!'Ji.;"'ih'it*  nn  ui'^n 

You  will  join  in  any  proporals  which  may 
be  mad«  for  the  better  cultivating  the  lands» 
and  improving  ibe  hulbandry  of  the  prbvifiC«S 
lind  as  you  reprefent  a  town  which  lives  by  ita 
trade^  we  exped:  in  a  very  particular  manner^ 
that  you  make  it  the  object  of  yOttr  attention> 
to  fupport  our  commerce  in  dl  i<8  jtift  rights^ 
to  vindicate  it  from  all  unreafoui^e  impo** 

iitionsi  and  promote  its   pro(J)erity»- Out 

trade. has  for  a  long  time  laboured  under  great 
difcouragements  j  and  it  is  with  the  deepeil 
concern  that  we  fee  fuch  farthc**  difficulties 
toming  upon  it,  as  will  reduce  it  to  the  loweft 
ebb,  if  not  totally  obftrud  and  ruin  it.  W« 
cannot  help  exprefling  our  furprize  that  when 
fo  early  notice  was  given  by  the  agent,  of  thfe 
intentions  o{  the  miniflry,  to  burthen  us  with 
-new  taxes,  fo  little  regard  was  had  to  this 
moft  interefting  matter,  that  thfe  court  w^ 
not  even  called  together  to  conftilt  about  it 
till  the  latter  end  of  the  year  j  the  confequencii 
of  which  was,  that  inftrudions  could  not  b*: 
•fent  to  the  agent,  though  follicited  'by  hini, 
till  the  evil  had  got  beyond  an  eafy  remedy- 
There  is  now  no  room  for  farther  delay : 
We  therefore  expe<5t  that  you  vvill  ufe  your 
earlieft  endeavours  in  the  General  Affembly, 
that  'fuch  methods  may  be  taken  as  will  effeid- 
"  tually 


mi? 


I 


(  i<54  ) 
ttially  prevent  thefe  proceedings  againft  us- 
By  a  proper  reprefentation,  we  apprehend  it 
may  eafily  be  made  to  appear  that  fuch  leve^ 
riUes  will  prove  detrimental  tp  Great-Britain 
itfelf ;  upon  which  account  we  have  rei^bn  to 
hope  that  an  application,  even  for  a  repeal  of 
the  a£t,  fhould  it  be  already  pafTed,  will  be 
fuccefsful.  It  is  the  trade  of  the  colonies  that 
renders  them  beneficial  to  the  mother  country: 
Our  trade,  as  it  is  now,  and  always  has  been 
pondudted,  centers  in  Great-Britain,  and  in 
jetrrn  for  her  manufactures,  affords  her  more 
xeady  cafh,  beyond  any  comparifon,  than  can 
poflibly  be  expe^edJ^y  the  mofl  fanguine  pro- 
moters of  thefe  extraordinary  methods.  Wc 
are  in  (hort  ultimately  yielding  large  fupplies 
to  the  revenues  of  the  mother  country,  while 
we  are  labouring  for  a  very  moderate  fubfifi*- 
ence  for  ourfelves.  But  if  our  trade  is  to  be 
curtailed  in  its  mofl  profitable  branches,  and 
burdens  beyond  all  pofTible  bearing  laid  upon 
that  which  is  fuffered  to  remain,  we  fhall  be 
fo  far  from  being  able  to  take  off  the  manu- 
.fadtures  of  Great-Britain,  that  it  will  befcarcc 
pofTible  for  us  to  earn  our  bread. —    • 

But  what  flill  heightens  our  apprehenfions 
is.  that  thefe  unexpedled  proceedings  may  be 
preparatory  to  new  taxations  upon  us  :  For  if 
our  trade  may  be  taxed,  why  not  our  lands  f 
Why  not  the  produce  of  our  lands,  and  every 
thing  we  pofTefs  or  make  ufe  of  ?  This  we 
apprehend  annihilates  our  charter  right  to  go- 
vern and  tax  ourfelves — It  flrikes  at  our  Bri- 
tifli  privileges,  which  as  we  have  never  for- 
>:  fcitcd 


»,>• 


fcited  them,  we  hold  in  common  with  our  fcl- 
low-fubjeds  who  are  natives  of  Britain  i  if 
taxes  arc  laid  upon  us  in  any  fliape  without 
our  having  a  legal  reprefentation  where  they 
are  laid,  are  we  not  reduced  from  the  charac- 
ter of  free  fubjedls  to  the  miferable  flate  of 
tributary  flaves  ? 

We  therefore  earneftly  recommend  it  to 
you  to  ufe  your  utmoft  endeavours,  to  ojbtain 
in  the  general  affembly,  all  neceflary  inftruc- 
tion  and  advice  to  our  agent  at  this  moft  cri- 
tical jundure ;  that  while  he  is  fetting  forth 
the  unfhaken  loyalty  of  this  province  and  this 
town— its  unrivaled  exertion  in  fupporting  his 
Majefty's  government  and  rights  in  this^. part, 
of  his  dominions — its  acknowledged  depen- 
dence upon  and  fubordination  to.  Qreat-Bri- 
tain ;  and  the  ready  Aibmiflion  Of  its  mer- 
chants to  all  juft  and  necelfary  regulations  of 
trade  -,  he  may  be  able  in  the  moll:  humble 
and  preffing  manner  to  remonftrate  for  us  all 
thofe  rights  and  privileges  which  juflly  belong 
to  us  either  by  charier  or  birth.  s  •       "^ 

V,  As  his  Majefty's  other  northern  American 
colonies  are  embarked  with  us  in  this  moft  im- 
portant bottom,  we  farther  defire  you  to  ufe 
your  endeavours,  that  their  weight  may  be 
added  to  that  of  this  province  :  that  by  the 
united  application  of  all  who  are  aggrieved| 
All  may  happily  obtain  redrefs. 


■  ^ 


■.:;!n,  TO  Hi. 


i.;ivv     ■:):. 


i'*i;ri 


'jii 


•\ 


Subjlanci 


(   166  ) 


•;  .:• 


S^bfiance  of  a  Memdrial  prefented  the  HoUfe,  th  - 

■  purfuance  of  the  above  tnJlrtiditOrts -,  and  by 

■  them  voted  to  be  tranfmitted  to  Jas<»eil 
^'  Maud  u  IT,  Efq-,  Agent  for  this  Pro^ince-f;, 
;    to  be  improved  as  he  may  judge  proper, 

THE  public  tranfadtions  from  Williarti  I* 
to  the  revolution,  maty  be  confidered 
as  one  continued  flruggle  betweeh  the  prince 
and  the  people,  all  tending  to  that  happy  efta- ' 
bliflimcnt,  which  Great-Britain  has  fince  en- 
joyed, i 

tht  abfdlute  rights  of  Engliihmen,  as  fre- 

Cfuctttly  (Eclated  in  parliament,  from  Magna 

Charta  t&  tliis  time,  are  the  rights  of perfondt 

fscuiiiyt^  perjbnal  libettj,  and  of  private  pro* 

petty ^ 

The  aHegkftcc  of  Britifh  fubjed^s  being  na- 
tural, perpetual  and  infeparlble  from  theif 
perfons,  let  thetri  be  in  what  country  they 
may;  theii*  rights  afe  alfo  natural,  inherent 
and  perpetual* 

By  the  laws  of  ilature  and  of  natibnS,  the 
V'oite  of  univerfal  reafon,  and  of  God,  wh6n 
a  nation  takes  polTeflion  of  at  defert,  unGulti->t 
vated  and  uninhabited  country,  or  purchafes 
of  Savages,  as  was  the  cafe  with  far  the  greateft 
part  of  the  Britifti  fettlements ;  the  colonifts 
tranfplanting  themfelves,  and  their  pofterity, 
though  feparatcd  from  the  principal  eftablifli- 
ment  or  mother  country,  naturally  become 
part  of  the  ftate  with  its  ancient  pofleflions, 
••..",.  ■■.:.  ^  .■'   ,f      and 

f  Only  as  a  State  drawn  up  by  one  of  the  Houfe. 


ft 

ts 

% 

^^ 

le 
id 


(  107  ) 
«nd  intitled  to  all  the  effentlal  rights  of  the 
mother  cbuntry.  This  is  not  only  confirmed 
by  ^e  practice  of  the  antients,  but  by  the 
moderns  eyer  fince  the  difcovery  of  America. 
Frenchmen,  Spaniards,  and  Portugucfe  are  no 
greater  flaves  abroad  than  at  home ;  and  hi- 
therto 3rkons  have  been  as  free  on  one  fide  of 
the  Atlantic  as  on  the  other :  And  its  humbly 
hoped  that  his  Majefty  and  the  Parliament, 
will  in  their  wifdom  be  gracioufly  pleafed  to 
continue  the  colonifts  in  this  happy  ftate. 

It  is  prefumed,  that  upon  thefe  principli^6, 
the  colonifts  have  been  by  their  feveral  cnar- 
t^rs  declared  natural  fubjedts,  and  entrufted 
with  the  power  of  making  f^eir  own  local 
lawf,  not  repugnant  to  the  laws  of  England^ 
and  with  t/oe  power  of  taxing  themfehes. 

This  legiflative  power  is  fubjc<5t  by  the  fame 
charter  to  the  King's  negative,  as  in  Ireland. 
This  effedtually  fecures  the  dependence  of  the 
colonies  on  Great- Britain. — By  the  thirteenth 
of  George  the  Second^  chapter  the  ninth,  even 
foreigners  having  lived  feven  years  in  any  of 
the  colonies,  are  deemed  natives  on  taking  the 
oaths  of  allegiance,  07*6*.  and  are  declared  by 
the  faid  adt  to  be  his  Majefty's  natural  born 
fubjefts  of  the  kingdom  of  Great-Britain,  to 
all  intents,  conftrudicris  and  purpofes,  as  if 
any  of  them  had  been  born  v/ithin  the  king-; 
dom.  The  reafons  given  for  this  naturaliza-r 
tion  in  the  preafnble  of  the  adl  are,  ♦*  that  the 
increafe  of  the  people  is  the  means  of  advanc-r 
ing  the  wealth  and  ftrength  of  any  nation  or 
country ;  and  that  many  foreigners  and  flran- 


\.%. 


I     ' 


;.  [,  (  108  ) 
gers,  from  the  lenity  of  our  government,  the 
pui  ity  of  our  religion,  the  benefit  of  our  laws, 
the  advantages  of  our  trade,  and  the  fecurity 
of  our-  property,  might  be  induced  to  come 
and  fettle  in  feme  of  his  Majefty's  colonies  in 
VVmerica  y  if  they  were  partakers  of  the, ad- 
vantages and  privileges,  which  the  natural 
born  fubjedts  there  eujoyt-."  i 

,  ^  The  feveral  ads  of  pa>liam'=;nt  and  char- 
ters declaratory  of  the  rights  and  liberties  of 
the  colonies,  are  but  in  affirmance  of  the  com- 
mon law,  and  law  of  nature  in  this  point. 
There  are, .  fays  my  Lord  Coke,  regularly 
three  incidents  to  fubjedts  born,  (i)  Parents 
under  the  a(5tual  obedience  of  the  King.  (4.) 
That  the  place  of  his  birth  be  within  the 
King's  dominions.  (3)  The  time  of  his 
birth  to  be  chiefly  confidered  :  For  he  cannot 
be  a  fubje(3:  born  of  one  kingdom,  that  was 
born  under  the  allegiance  of  the  King  of  ano- 
ther kingdom ;  albeit  afterwards  the  kingdom 
defcends  to  the  King  of  the  other  kingdom. 
See  Calvin's  cafe,  and  the  feveral  adis  of  par- 
liament and  decifions  on  naturalization,  from 
Edward  the  Tnirc  to  this  day.  The  common 
law  is  received  and  pradifed  upon  hiere,  and 
in  the  reft  of  the  colonies;  and  all  antient 
and  modern  adls  of  parliament  that  can  be 
confidered  as  part  of,  or  in  amendment  of  the 
common  law,  together  with  all  fuch  ads  of 
parliament  as  cxpreily  name  the  plantations; 
fo  that  the  power  of  the  Britiih  parliament  is 
held  as  facrcd  and  as  uncontroulable  in  the 

.    .^  colonies 

I  13  G.  2  C.  7. 


tolonies  as  in  England.     The  queftion  is  not 
upon  the  general  power  or  right  of  the  par- 
liament, but  whether  it  is  not  circumfcribed 
within  ibme  equitable  and  reafonable  bounds  ? 
It  is  hoped  it  will  not  be  confidered  as  a  new 
dodlrine,  that  even  the  authority  of  the  par- 
liament of  Great-Britain  is  circumfcribed  by 
certain  bounds,  which  if  exceeded,  their  a£ts 
become  thofe  of  meer  power  without  right, 
and  confequently  void.     The  judges  of  Eng- 
land have  declared  in  favour  of  thefe  fenti- 
pients,  when  they  exprefly  declare,  that  a^s 
of  parliament  againji  natural  equity  are  void. 
That  a^s  againji  the  fundamental  principles  of 
the  Britijb  Qonjiitutign  are  void-f.     This  doc- 
trine 


the 

lies 


f  "  A  very  important  queftion  herg  prefents  itfeM*.     It  ef- 
fentially  belongs  to  the  fociety  to  make  laws  both  in  relation 
to  the  manner  in  which  it  de/ires  to  be  governed,  and  to  the 
5:0Bdufit  of  the  citizens :   this  is  called  the  LegiJJati've  Pciver. 
The  nation  may  entruft  the  exercife  of  it  to  the  Prince,  or  to 
an  afiembly ;  or  to  the  afTembly  and  the  Prince  jointly  ;  who 
hav^  then  a  right  of  making  new,  and  abrogating  old  laws. 
It  is  here  demanded,  whether,  if  iheir  power  extends  fo  far  as 
to  the  fundamental  laws,  they  may  change  the  conftitution  of 
the  ftate  ?  The  principles  we  have  laid  down  lead  us  to  decide 
this  point  with  certainty,  that  the  authority  of  thefe  legiflators 
does  not  extend  fo  far,  and  that  they   ought  to  confider  the 
fundamental  laws  as  facrcd,  if  the  nation  has  not  in  very  ex- 
prefs  terms  given  them  the  power   to  change  them.     For  the 
conftitution  of  the  Hate  ought  to  be  fixed  ;  and  fince  that  was 
filft  eftabliflied  by  the  nation,  which  afterwards  trufted  certain 
perfons  with  the   legiflative  power,    the  fundamental  laws  are 
excepted  from   their  commiffion.      If  appears  that  the  fociety 
had  only  refolved  to  make  provision  for  the  ftate's  being  always 
furniftied  with  laws  fuited  to  particular  conjunctures,  and  gave 
the  legiflature  for  that  purpofe,    the  power  of  ab'-ogating  the 
ancient  civil  and   political  laws,    that    were  nui  fundamental, 
and  of  making  new  ones :  but  nothing  leads   us  to  think  that 
it  was  willing  to  fubmit  the  conftitution  itfelf  to  their  pleafure. 

When 


I 


(no) 

frjne  is  agreeable  to  the  law  of  nature  and  na-. 
pjcmSfi  and  jto  the  divine  didtates  of*  natural  and 
l-eyealed  religion.  It  is  ccntrary  to  reafon  that 
^h4?  ftipfcoie  power  fhould  have  right  to  »4ter 
the  cpnftitutioii.  This  would  inaply,  that 
thofe  who  are  intrwfted  with  Sovereignty  by 

the 


When  a  nation  takes  pofleflion  of  a  4iftant  coijntry,  ajad  fpjt- 
^8  a  Qolony  there,  that  country,  though  feparateid  fron^  th^ 
principal  eijabli/hment,  or  mother  coun^try,  naturally  becomes 
^  part  of  the  ftate,  equally  with  its  a^tjeijit  poQeffioss.  Whep- 
^v£r  the  political  lavvs,  or  treaties,  make  no  diflioAion  between 
ihena,  fvery  thing  fai<i  of  tte  territory  of  a  nation,  ouj^i  aUb  to 
fiKtend  to  its  colonies."  P'  Vattel. 

«  An  a6t  of  parliament  ma^e  a^^inft  natural  equity,  as  ^; 
IpH^e  ^  mAO  judge  in  his  own  c^ufe^,  would  he  void:  for  Jure^ 
fatHX'f  Ant  mmutabilia.  Hob.  §7.  Trifl.  19.  Jao  Day  v.  Sa-  ' 
Yage  S.  C.  and  P.  cited  Arg.   10.  Mod.   11$.    Hill.  11  Ann. 
C.  B.  in  the  cafe  of  Thornby  and  Fleetwood,    *«  but  fays,  that 
this  mult  be  a  clear  cafe,  and  judges  will  Hcain  hard  rather  than 
interpret  an  z(k  void,  ab  initio."     This  is  granted,  but  ftill  their 
^uthmij  is,  ^ot  boundiejs,  i^fubjtSi  to  the  ^oHfrtttl  of  the  judges  fit  arn  - 

«  Holt,   Chief  juftice,   thotaght  what  Lord  Cpke  ^ys  in  . 
Do^or  Bonham's  cafe  a  very  reafonable  and  true  (Hyipg,  thjij?  . 
^  an  aJSs.  of  parliament   fiiould  ordain   thai;  the    ^ine  perfon... 
Ihpuld  be  both  party  and  judge  in  his  own  caufe,  it  would  h^ 
a^  void  9.^  of  parliament,    and  an  z&,  of  parliament  can  ^o  na 
\vrong,  though  it  may  do  feveral  things  that  look  pretty  odd  : 
i(a^ ,i,t:  ip^y  difcharge  one  from   the  allegiance  he  lives  undeti^ 
^nd  rcftofC  to  the  (late  of  nature  j    but  it  cannot  mak'*  end 
t|^t  iiv«s  upder  a  government  both  judge  and  party,  per  Holt. 
C.  J,  i^Miod.  687,  ^88.  Hill.  13.  W.  3.  B.  R.  in  the  cafq 

pf  ilie  city  of  London  v.  Wood It  appears  in  our  books, 

\\\RX  ifi  iCeveral  cafes  the  common  law  fhall  controul  a£ls  of  par- 
ii:inicnt,  and  fometimes  adjudge  them  to  be  utterly  void ;  for 
V/hcn  an  a$l  of  parliament  is  againlt  common  right  and  reafon^ 
pr  repugnant  or  impofiible  to  be  performed,  the  common  law 
(hall  controul  it,  and  adjudge  it  to  b^  void,  and  therefore  8  E. 
3.  30,  fhogias  Tregor's  cafe  upon  the  itatute  of  W.  2. 
Cap.  38.  and  Art.  Sup.  Chart.  9.  Herle  faid  that  fometimes 
ftatutes  Bj}a,de  contrary  to  law  and  right,  which  the  makers  of 
tbe^  perceiving  will  not  put  them  in  execution»  8  Rep.  1 18  ^ill. 
7.  J.  Rr.  ^onh^r^'s  cafe.  ", 


the  pebple,  nave  a  right  to  do  as  they  pleafe. 
In  other  words,  that  thoi.'  who  are  inverted 
with  power  to  proted:  the  people,  atid  fup- 
port  their  rights  and  Uberties  have  a  right  iOK 
make  flaves  of  them.  This  is  not  very  remote 
from  a  uat  contradidion.  Should  the  parlia- 
ment of  Great-Britain  follow  the  example  of 
Tome  other  foreign  ftates-f-,  and  vote  the  Kifl^ 
abfolute  and  defpotic  5  would  fuch  an  a^  of 
parliament  make  him  fo  ?  Would  any  mini- 
iler  in  his  fenfes  advife  a  Prince  to  accept  of  , 
fuch  an  offer  of  power?  It  would  be  unfafd 
to  accept  of  fuch  a  donation,  becaufe  the  par* 
Hament  or  donors  would  grant  more  than  wa9 
ever  in  their  powet  lawfully  to  give.  The  lavJ*  ' 
ef  nature  never  inverted  them  with  a  power  ol  ; 
jfurrtttdei-ing  th6if  own  liberty  i  jfttd  the  peo- 
ple certainly  n'eVer  intrufte<I  any  body  of  men 
With  a  p6vtet  to  furrendef  theirs  in  exchange 
ibrflaveryj.  .^^,^,^ 

It 


■<i«r  . 


t  Sweden,  t)enmark,  Ffanc6,  &c.  •5^'"*' 


.SirgC:;.!.;;! 


t  •'^But  if  the  whole  Itlate  be  cortqitered,'  Jf  rtre  MrfoiitWI 
iubdued,  in  what  mantier  can  th^  vidlor  treat  it  withodt  tranf- 
greffing  the  bounds  of  juftice  ?  What  ate  hiis  righti  dV«  Ott- 
conqueil  ?  Some  have  ^red  to  advance  this  mbhftrous  pH<ici< 
pie,  that  the  conqueror  is  abfolute  mafter  of  his  conqueft  | 
that  he  may  difpofe  of  it  as  his  property,  treat  it  as  he  pleafes^ 
according  to  the  common  exprelfion  of  tfiatin^  tijiate  ets  a  con^ 
quered  country  ;  and  hence  they  derive  one  of  tne  Iburces  of  dif- 
potic  government :  but  enough  of  thofe  that  red 6ce  rtien  to  th« 
ftate  of  transferable  goods,  or  ufe  them  like  bfeafts  of  bdrthett* 
who  deliver  them  up  as  the  property  or  patrimony  of  anothe* 
liian.  Let  us  argue  ort  principles  countenanced  by  reafon  and  bftt 
coming  humanity.  The  whole  right  of  the  conqueror  protted? 
froitn  ihejuft  defence  of  hitnfelf,  wnich  contains  the  fupport  ani 


1 


(  t'4  V 

It  IS  now  near  there  hundred  years  fine* 
the  continent  of  North- America  wiis  firft  dif- 
covercd,  and  that  by  Britifli  fubjedts-f.  Ten 
generations  have  paffed  away  through  infinite 
toils  and  bloody  conflicts  in  fettling  this  coun-* 
try.  None  of  thofe  ever  dreamed  but  that 
they  were  intitled,  at  leaft,  to  equal  privileges 
with  thofe  of  the  fame  rank  born  Within  the 
realm. 

Britifh  Ame.  •'^a  has  been  hitherto  diftin- 
guilhed  from  th^  flavifh  colonies  round  about 

it. 


profecution  of  his  rights.  Thus  when  he  has  totally  fubdued 
a  nation  with  whom  he  had  been  at  war,  he  may  without  dif- 
pute  caufe  juilice  to  be  done  him,  with  regard  to  what  gave 
rife  to  the  war,  and  require  pa)^ment  for  the  expence  and  da» 
mage  he  has  fuftained ;  he  may  according  to  the  exigency  cf 
thp  cafe,  impofe  penalties  on  it  as  an  example,  he  may,  fliould 
prudence  fo  diftate,  difable  it  from  undertaking  any  pernicious 
defigns  for  the  future.  But  in  fecuring  all  thefe  views  the 
mildeft  means  are  to  be  preferred.  We  are  always  to  remem- 
ber, that  the  law «f  nature  permits  no  injury  to  be  done  to  an 
enemy,  unlefs  in  taking  meafures  neceflarv  for  a  juft  defence, 
and  a  reafonaWe  fecurity.  Some  princes  have  only  impofed  a 
ti'ibute  on  it;  others  have  been  fatisfied  of  dripping  it  of  fome 
privileges,  difmembering  a  province,  or  keeping  it  in  awe  by 
fortrefles ;  others  as  their  quarrel  was  only  with  the  fovereign 
in  perfon,  have  left  a  nation  in  the  full  enjoyment  of  all  its 
rights,  only  fetting  a  fovereign  over  it.  But  if  the  conqeror 
thinks  proper  to  retain  the  fovereignty  of  the  vanquifhed  ftate, 
and  has  fuch  a  right ;  the  manner  in  which  he  is  to  treat  the 
ftate  ftill  flows  from  the  fame  principles.  If  the  fovereign  be 
Only  the  juft  objeft  of  his  complaint,  reafon  declares  that  by 
his  conqueft  he  acquires  only  fuch  rights- as  aftually  belonged 
to  the  dethroned  fovereign,  and  on  the  fubmiffion  of  his  people, 
he  is  to  govern  it  according  to  the  laws  of  the  ftate.  If  the 
people  do  not  voluntarily  fubmit,    the  ftate  of  war  fubfifts. 

"  When  a  fovereign  as  pretending  to  have  the  abfolute  dif- 
pofal  of  a  people  whom  he  has  conquered,  is  for  inflaving  them, 
he  caufes  the  ftate  of  war  to  fubfift  between  this  people  and 
liim."  Mr.  D'  Vatel,  B.  3.  C  !0.  fee.  201. 

t  The  Cabots  difcovered  the  Continent  before  the  Spaniard*. 


)     r 


(.  >.i3  ), 
it,  as  the  fgrtunate  Britbns  have  been  from 
moft  of  thtit  neighbours  on  the  cortUnent  of; 
Europe.     It  is  for  the  intercft  of  Great-Bri- 
tain that  her  colonies  (hould  be  ever  thus  di-* ' 
ftinguifhed.      Every  man  muft  v^^ilfully  blind 
himfelf  that  don't  fee  the  immenfe  value  of  our 
acquifitions  in  the  late. war;   and  that  though' 
we  did  not  retain  all  at  the  concluficn  of  the 
peace  that  we  obtained  by  the  fword  ',  yet  our 
gracious  Sovereign,  at  the  fame  time,  that  he 
has  given  a  divine  leflbn  of  equitable  mode- ' 
ration  to  the  princes  of  the  earth,  ha§  retained- 
fufficicnt  to  make  theBritilh  arms  the  dread  of 
the  univerfe,  and  his  name  deaf  to  all  pof^e "ity.  < 
-^  To  the  freedom  of  the  Britidi  conftitution, 
and  to  their  increafe  of  commerce,  it  is  owing 
that  our  colonies  have  flourished  without  di- 
minifhingthe  inhabitants  of  the  mother  coun- 
tiy ;   quite  contrary  to  the  effedts  of  planta- 
tions  made   by   moft  other   nations,    which 
have  fuffered  at  home,  in  order  to  aggrandize 
themfelves  abroad.     This  is   remarkably  the 
cafe  with  Spain.     The  fubjedls  of  a  free  and 
happy  conftitution    of  government,    have  a- 
thoufand  advantages  to  colonize  above  thofe" 
w'ho  live  under  defpotic  princes.    We  fee  hoxv 
the  Britifh  colonies  on  the  continent,    have\ 
ont-grown  thofe  of  the  French,  notwithftand- 
ing  they  have  ever  engaged  the  Savages  to 
keep  us  back.     Their  advantages  over  us  in 
the  Well-Indies,  are  among  other  eaufes  per- 
haps, partly  owing  to  thefe,  i.  A  capital  neg-' 
lc<5t  in  former  reigns,  in  fuffering  them  to 
have   a  firm  pofTcflion  of  fo  many  valuable', 
fflands,   that  we   had  a   better  title  t6  than 
they.     2.  The  French  unabk  to  pufh  theif- 


s 


i 


(114) 

fettlements  efFedually  on  the  continent,  have . 
bent  their  views  to  the  iflands,  and  poured 
vaft  numbers  into  them.  3.  The  climate 
and  bufinefs  of  thefe  iflands  is  by  nature  much 
better  adapted  to  Frenchmen  and  to  Negroes,  , 
than  to  Britons.  4.  The  labour  of  flaves, 
black  or  white,  will  be  ever  cheaper  than 
that  of  freemen,  becaufe  that  of  the  individu- 
als among  the  former,  will  never  be  worth 
fo  much  as  with  the  latter;  but  this  difference 
is  more  than  fupplied ;  by  numbers  under  the. 
advantages  abovementioned.  The  French  will 
ever  be  able  to  fell  their  Weft-India  produce 
cheaper  than  our  own  iflanders  :  and  yet  while 
our  own  iflanders  can  have  fuch  a  price  for. 
theirs,  as  to  grow  much  richer  than  the  French, 
or  any  other  of  the  King's  fubjedts  in  America,, 
as  is  the  cafe,  and  what  the  northern  colonies, 
take  from  the  French,  and  other  foreign  iflands, 
centers  finally  in  returns  to  Great-Britain  for 
her  manufadtures,  to  an  immenfe  value,  and 
with  a  vail  profit  to  her :  it  is  contrary  to  the 
firft  principles  of  policy  to  clog,  fuch  a  trade- 
with  duties,  much  more  to  prohibit  it  to 
the  rifque  if  not  certain  deftrudtion  of  the  fifli- 
ery.  It  is  allowed  by  the  moft  accurate  Bri- 
tifli  writers  on  commerce,  Mr.  Poftlethwait 
in  particular,  who  feems  to  favour  the  caufe 
of  the  fugar  iflands,  that  one  half  of  the  im- 
menfe commerce  of  Great-Britain  is  with  her 
colonies.  It  is  very  certain  that  without  the 
fifhery  feven-eights  of  this  commerce  would 
ceafe.  The  lifhery  is  the  center  of  motion^ 
upon  which  the  wheel  of  all  the  Britifh  com- 
merce in  America  turns.  Without  the  Ame-» 
rican  trade,  would  j3ritain,  as  a  commercial 

ftate. 


1 


(115) 
ftatc,  make  any  great  figure  at  this  day  in  Eu* 
rope  ?  Her  trade  in  woollen  and  other  manu- 
fadlures,  is  faid  to  be  lelFening  in  all  parts  of 
the  world,  but  America,  where  it  is  increaf- 
ing,  and  capable  of  infinite  increafe,  from  a 
concurrence  of  every  circumftance  in  its  fa- 
vour. Here  is  an  extenfive  territory  of  dif-  • 
ferent  climates,  which  in  time  will  confume, 
and  be  able  to  pay  for  as  many  manufadtures 
as  Great-Britain  and  Ireland  can  make,  if  true 
maxims  are  purfued.  The  French,  for  rea- 
fons  already  mentioned,  can  underwork,  and 
confequently  underfell  the  Englifh  manufac- 
tures of  Great-Britain  in  every  market  in  Eu- 
rope. But  they  can  fend  none  of  their  ma-/ 
nufadtures  here :  and  it  is  the  wifti  of  every 
honell  Britifh  American  that  they  never  may  i 
it  is  beft  they  never  fhould ;  we  can  do  better 
without  the  manufaiftures  of  Europe,  fave 
thofe  of  Great-Britain,  than  with  them  :  But, 
without  the  French  Weft-India  produce  we 
cannot ;  without  it  our  fifhery  muft  infallibly 
be  ruined.  When  that  is  gone,  our  own 
iflands  will  very  poorly  fubfift.  No  Britifli 
manufactures  can  be  paid  for  by  the  colonifts. 
What  will  follow  ?  One  of  thefe  two  things, 
both  of  which  it  is  the  intereft  of  Great-Bri- 
tain to  prevent,  i.  The  northern  color.ifts 
muft  be  content  to  go  naked,  and  turn  Savages; 
or,  2.  Become  manufad:urers  of  linen  and' 
woollen,  to  clothe  themfelves;  which,  if  they 
cannot  carry  to  the  perfe(5tion  of  Europe,  will 
be  very  deftru(ftive  to  the  interefts  of  Great- 
Britain.  The  computation  has  been  made, 
and  that  within  bounds,  and  it  can  be  de- 
monftrated,  that  if  North-America  is  only 
•  ' .  /  •  0^2  driven 


I 


i 


*!*=•'•• 


dTiven  to  the  fatal  neceility  of  manufaduring 
a  fuit  of  the  mofl:  ordinary  linen  or  woollen 
for  each  inhabitant  annually,  which  may  be 
foon  done,  when  necefTity,  the  mother  of 
invention,  (liall  operate,  Great-Britain  and- 
Ireland  will  lolc  two  millions  per  annum,  be^^' 
fhdes  a  diminution  of  the  rc*enue  to  nearly  the 
fame  amount.  This  may  appear  paradoxical, 
but  a  few  years  experience  of  the  execution  of 
the  fugar  adt,  will  fufficiently-  convince  the 
parliaiiient  not  only  of  the  inutility,  but  dc- 
jftrudlive  tendency  of  it,  while  calculations 
may  be  little  attended  to.  That  the  trade 
with  the  colonics  has  been  of  furprifing  ad- 
vantage to  Great-Britain,  notwithftanding  the 
w.ant  of  a  good  regulation  is  part  all  doubt. 
Great-Britain  isvvell  known  to  have  increafed 
prodigioufly  both  in  numbers  and  in  wealth 
fjnee  (be  began  to  colonize.  To  the  growth 
of  the  plantations  Britain  is  in  a  great  mca- 
fure  indebted  for  her  prefent  riches  and  ftrength. 
As  the  wild  wades  of  America  have  been  turn- 
ed into  pleafant  habitations,  and  flouri(hing 
trading  towns  j  fo  many  of  the  little  villages  ♦ 
and  obicure  boroughs  in  Great-Britain  have 
put  on  a  new  face,  and  fuddenly  ftarted  up, 
and  become  fair  markets,  and  manufavfturing 
towns,  ai  d  opulent  cities.  London  itfelf, 
whicli  bids  fair  to  be  the  metropolis  of  tile 
world,  is  rive  times  more  populous  than  it  was 
in  the  days  of  Que^n  Elizabeth.  Such  are  the 
fruits  of  the  fpirit  of  commerce  and  liberty. 
Hence  it  is  manifeft  how  much  we  all  owe  to 
tliat  beautiful  formof  civil  government,  under 
which  we  have  the  happinefs  to  live. 

It  is  evidently  the  interefl:,  and  ought  to  be 
i  the 


.*r   ■•  V 


(  "7  ) 
the  care  of  all  thofe  intrufted  with  the  admini- 
ftration  of  government,  to  fee  that  every  pa^t 
of  the  Britifh  empire  enjoys  to  the  full  the 
rights  they  are  entitled  to  by  the  laws,  and  the: 
advantages  which  rcfult  from  their  being  main«'  . 
tained  with  impartiality  and  vigour.  This  wet 
have  feen  reduced,  to  practice  in  the  prefcnt 
and  preceding  reigns ;  and  have  the  higheft 
rcafon,  from  the  paternal  care  and  goodnefs,- 
that  his  majefty,  and  the  Britifh  parliament,; 
have  hitherto  been  gracioufly  pleafed  to  dif-*. 
cover  to  all  his  Majefty's dutiful  andloyi|!fub« 
jeds,  and  to  the  colonifts  in  particular,  tore{l^ 
fatisfied,  that  our  privileges  will  remain  facred 
and  inviolate.  The  connection  between  Great- 
Britain  and  her  colonies  is  fo  natural  and  ftrong, 
as  to  make  their  mutual  happinefs  depend  upon 
their  mutual  fupport.  Nothing  can  tend  more 
to  the  deftrudlion  of  both,  and  to  forward  the 
meafures  of  their  enemies,  than  fowing  the 
feeds  of' jealoufy,  animofity  and  dilTention  be» 
tween  the  mother  country  and  the  colonies. 

A  conviction  of  the  truth  and  importance  of 
thefe  principles,  induced  Great-Britaiir  during 
the  late  war,  to  carry  on  fo  many  glorious  en- 
terprizes  for  the  defence  of  the  colonies  ',  and 
thofe  on  their  part  to  exert  themfelves  beyond 
their  ability  to  pay,  as  is  evident  from  the  par- 
liamentary reimburfements. 

If  the  fplrit  of  commerce  was  attended  to, 
perhaps,  duties  would  be  every  where  de- 
creafed,  if  not  annihilated,  and  prohibitions 
multiplied.  Every  branch  of  trade  that  hurts 
a  community,  fhould  be  prohibited,  for  the 
fame  reafon  that  a  private  gentleman  would 
break  off  commerce  with  a  (harper  or  an  ex- 

torfive 


I. 


(  i>8  ) 
torfive  ufurcr.  It  is  to  no  purpofe  to  higgle 
with  fuch  people,  you  are  fure  to  lofe  by  them. 
It  is  cxadtly  fo  with  a  nation,  if  the  balance 
is  againft  them,  and  they  can  pofTibly  fubfift 
without  the  commodity,  is  they  generally  can 
in  fuch  cafes,  a  prohibition  is  the  only  remedy; 
for  a  duty  in  fuch  cafe,  is  like  a  compofition 
with  a  thief,  that  for  five  (hillings  in  the  pound 
returned,  he  (hall  rob  you  at  pleafure  ',  when 
if  Lie  thing  is  examined  to  the  bottom,  you 
are  at  five  fhillings  expence  in  travelling  to 
get  back  your  five  fhillings,  and  he  is  at  the 
fame  expence  in  coming  to  pay  it,  fo  he  robs 
you  of  but  ten  fhillings  in  the  pound,  that  you 
thus  wifely  compound  for.  To  apply  this  to 
trade,  I  believe  every  duty  that  was  ever  im- 
pofed  on  commerce,  or  in  the  nature  of  things 
can  be,  will  be  found  to  be  divided  between 
the  flate  impofing  the  duty,  and  the  country 
exported  from.  This,  if  between  the  feveral 
parts  of  the  fame  kingdom  or  dominions  of  the 
fame  Prince,  can  only  tend  to  embarrafs  trade, 
and  raife  the  price  of  labour  above  other  ftates, 
which  is  of  very  pernicious  confequence  to  the 
hufbandman,  manufacturer,  mariner  and  mer- 
chant, the  four  tribes  that  fupport  the  whole 
hive.  If  your  duty  is  upon  a  commodity  of  a 
foreign  flate,  it  is  either  upon  the  whole  ufe- 
ful  and  gainful,  and  therefore  necelTary  for 
the  hufbandman,  manufacfturer,  mariner  cr 
merchant,  as  finally  bringing  a  profit  to  the 
flate  by  a  balance  in  her  favour  j  or  the  im- 
portation will  work  a  balance  againfl  your 
ftate.  There  is  no  medium  that  we  know  of. 
If  the  commodity  is  of  the  former  kind,  it 
(liould  be  prohibited ;  but  if  the  latter,  im- 

porte 


(      "9    )  h  >![V| 

ported  duty  free ;  unlefs  you  would  raife  the 
price  of  labour  by  a  duty  on  nccefTaries,  or 
make  the  above  wife  jompofition  for  the  im-^ 
portation  of  commodities  you  are  fure  to  lofe 
by.'     The  only  teft  of  a  ufeful  commodity  is 
the  gain  upon  the  whole  to  the  ftate ;  fuch 
fhould  be  free ;  the  only  tefl  of  a  pernicious 
trade  is  the  lofs  upon  the  whole,  or  to  the 
community;    this  fhould  be  prohibited.      If 
therefore  it  can  be  demonftrated  that  the  fugar 
and  molafTes  trade  from  the  northern  colonies 
to  the  foreign  plantations  is  upon  the  w^ole  a 
lofs  to  the  community i  by  which  term   is  here 
meant  the  three  kingdoms  and  the  Britifh  do- 
minions  taken  colledtively,  then,  and  not  till 
then,  fhould  this  trade  be  prohibited.     This 
never  has  been  proved,  nor  can  be  ;  the  con- 
trary being  certain,  to   wit,  that  the  nation 
upon  the  whole  hath  been  a  vafl  gainer  by 
this  trade,  in  the  vend  of  and  pay  for  its  ma- 
nufa6tures  j  and  a  great  lofs  by  a  duty  upoa 
this  trade  will  finally  fall  on  the  Britifh  huf- 
bandman,    manufacturer,    mariner  and  mer-« 
chant,  and  confequently  the  trade  of  the  na- 
tion be  wounded,  and  in  conflant  danger  of 
being  eat  out  by  thofe  who  can  underfell  her. 
The  art  of  underfelling,  or  rather  of  finding 
means  to  underfell,  is  the  grand  fecret  of  thrift 
among  commercial  flates,  as  well  as  among 
individuals    of   the  fame  flate.     Should    the 
Britifh  fugar  iflands   ever  be   able  to  fupply 
Great-Britain  and  her  northern  colonies  with 
thofe  articles,  it  v/ill  be  time  enough  to  think 
of  a   total  prohibit: on  3  but  until  that  time, 
both  prohibition  ind  duty  will  be  found  to  be 
diametrically  oppofite  wO  the  fiiil:  principles  of 

policy. 


•  ■ 


u 


m 


policy.     Such  the  fextcpt  6f  thjs  cojitincnt, 
and  the  iacttkCt  6F  its  inhabita;rtts,  that  if  evct^x, 
inch  of  tlte  BritifhiUgar  iflind^  was  as  well 
cultivated  as  any  part  of  Jamaica  or  Barbadoeff,^ 
they  would  not,  now  be  able  to  fupply  Great-f 
Britain,  and  the  colonies  on  this  continent. 
But  before  fuch  farther  improvements  can'^e 
fiippofed  to  take  place  in  our  iflands,  the  de- 
mands will  be  proportionably  increafed  by  the 
^increafe  of  the  inhabitants  on  the  continent. 
Hence  the  reafon  is  plain  why  the  Britifh  fu- 
gar  planters  are  growing  rich,  aind  ever  will',' 
becaufe  the  demand  for  their  produce  has,  and 
ever  will   be  greater  than  they  cart  pof^blj^ 
fupply,  fo  long  as  the  Englilh  hold  this  con- 
tinent, and  are  unrivalled  in  the  iifhery. 
'    We  have  every  thing  good  and  great  to  hope 
from  our  gracious  Sovereign,  his  Miniftry  and 
his  Parliament;  and  truft  that  when  the  fervices 
S»jid  fufferings  of  the  Britifh  American  colonies 
«nc  fully  known  to  the  mother  country,  and 
the  natuire  arid  importance  of  the  plantation 
trade  more  perfectly  underftood  at  home,  that 
the  moil:  effectual  meafures  will  be  taken  foif" 
perpetuating  the  Britifh  empire  in  all  parts  of 
the  world.  •  An  empire  built  upon  the  prin- 
ciples of  juftice,  moderation  and  equity,  the 
only  principles  that  can  make  a  ftate  flourifh- 
ihg,  and  enable  it  to  elude  the  machinations 
pf  its  fecret  and  inveterate  enemies.  : 

._ ; — .. ; . ; 1 

P.  $.  By  antient  and  modern  gods,  P.  lo.  I  mean,  all  MqW 
''  froin  thofe  of^  Gld  Egypt,  to  the  canonized  raonfters  of  fti6- 
,    i|ern  Rome;  and  by   king-craft  and  ptieil-ccaft,    civil  and 

fc^l^a^ic  polity,  as  adminid^d  in  geuieral  till  the  revolution* 
nt^HriEcbllea  thai  I  have  Dcerf  credibly  informed,  that  the 
,    BtitifliSugar  coldniils  are  hur  ane  towards  thsir  ilaves,  in  com- 
.    p^iibft  with  the  others.    Therefore  in  page  zq,  let  it  be  read, 
.'    fofeijgn  Sugar-Ifianders  and  foreign  Creoles.    ,  ■,V<^ 

FINIS,.,  *" 


X 


) 


i 


) 


i 


